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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANA

***************************************************************IN RE: VIOXX PRODUCTS

LIABILITY LITIGATIONMDL DOCKET NO. 1657NEW ORLEANS, LOUISIANADECEMBER 14, 2007, 9:00 A.M.

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TRANSCRIPT OF MONTHLY STATUS CONFERENCE PROCEEDINGSHEARD BEFORE THE HONORABLE ELDON E. FALLON

UNITED STATES DISTRICT JUDGE

APPEARANCES:

FOR THE PLAINTIFF: HERMAN HERMAN KATZ & COTLARBY: RUSS M. HERMAN, ESQUIRE

LEONARD A. DAVIS, ESQUIRE820 O'KEEFE AVENUENEW ORLEANS LA 70113

BEASLEY ALLEN CROW METHVINPORTIS & MILESBY: ANDY D. BIRCHFELD, JR., ESQUIRE

P. LEIGH O'DELL, ESQUIRE234 COMMERCE STREETPOST OFFICE BOX 4160MONTGOMERY AL 36103

LEVIN, FISHBEIN, SEDRAN & BERMANBY: ARNOLD LEVIN, ESQUIRE510 WALNUT STREET, SUITE 500PHILADELPHIA PA 19106

SEEGER WEISSBY: CHRISTOPHER A. SEEGER, ESQUIREONE WILLIAM STREETNEW YORK NY 10004

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APPEARANCES (Continued):

RANIER, GAYLE & ELLIOT, LLCBY: DREW RANIER, ESQUIRE1419 RYAN STREETLAKE CHARLES LA 70602

BLIZZARD MCCARTHY & NABERSBY: EDWARD BLIZZARD, ESQUIRELYRIC CENTRE BUILDING440 LOUISIANA, SUITE 1710HOUSTON TX 77002

KLINE & SPECTERBY: LEE BALEFSKY, ESQUIRETHE NINETEENTH FLOOR1525 LOCUST STREETPHILADELPHIA PA 19102

GIRARDI & KEESEBY: THOMAS V. GIRARDI, ESQUIRE1126 WILSHIRE BOULEVARDLOS ANGELES CA 90017

LEVIN, PAPANTONIO, THOMAS,MITCHELL, ECHSNER & PROCTORBY: TROY RAFFERTY, ESQUIRESOUTH BAYLEN STREET, SUITE 600PENSACOLA FL 32502

UDDO BEATMANN & CODEBASILE J. UDDO, ESQUIRE3445 N. CAUSEWAY, SUITE 724METAIRIE LA 70002

FOR THE DEFENDANT: STONE PIGMAN WALTHER WITTMANNBY: PHILLIP A. WITTMANN, ESQUIRE546 CARONDELET STREETNEW ORLEANS LA 70130

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APPEARANCES (Continued):

WILLIAMS & CONNOLLYBY: DOUGLAS R. MARVIN, ESQUIRE725 TWELFTH ST., N.W.WASHINGTON DC 20005

O'MELVENY & MYERSBY: JOHN H. BEISNER, ESQUIRE1625 EYE STREETWASHINGTON DC 20006

HUGHES HUBBARD & REEDBY: THEODORE V. H. MAYER, ESQUIREONE BATTERY PARK PLAZANEW YORK NY 10004

STANLEY & FLANAGANBY: RICHARD C. STANLEY, ESQUIRELL&E TOWER909 POYDRAS STREET, SUITE 2630NEW ORLEANS LA 70112

FOR THE STATELIAISON COMMITTEE: BARRIOS, KINGSDORF & CASTEIX, L.L.P.

BY: DAWN M. BARRIOS, ESQUIRE701 POYDRAS STREET, SUITE 3650NEW ORLEANS LA 70139

ALSO PRESENT: THE GARRETSON LAW FIRMBY: MATT GARRETSON, ESQUIRE7775 COOPER ROADCINCINNATI OH 45242

GREER BROWN, PLCBY: ORRAN BROWN, ESQUIRE

LYNN C. GREER, ESQUIRE115 SOUTH 15TH STREETSUITE 400RICHMOND VA 23219

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APPEARANCES (Continued):

JASON WOLF, DIRECTORTHE GARRETSON LAW FIRM

OFFICIAL COURT REPORTER: CATHY PEPPER, CCR, RPR, CRR500 POYDRAS STREET, ROOM B406NEW ORLEANS, LOUISIANA 70130(504) 589-7779

PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY. TRANSCRIPTPRODUCED BY COMPUTER.

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I N D E X

Examinations page

SETTLEMENT AGREEMENT................................... 6STATE COURT TRIAL SETTINGS............................. 26CLASS ACTIONS.......................................... 26DISCOVERY DIRECTED TO MERCK............................ 27DISCOVERY DIRECTED TO THIRD PARTIES.................... 27DEPOSITION SCHEDULING.................................. 29STATE/FEDERAL COORDINATION............................. 29PRO SE CLAIMANTS....................................... 34MERCK'S MOTIONS........................................ 35ISSUES RELATING TO PRETRIAL ORDER NUMBER 9............. 35VIOXX SUIT STATISTICS.................................. 35MOTIONS TO CONDUCT CASE SPECIFIC DISCOVERY............. 36DR. FARQUAR............................................ 36MDL TRIAL PACKAGE...................................... 36THE NEXT MEETING IS JANUARY 18TH....................... 42

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P-R-O-C-E-E-D-I-N-G-SFRIDAY, DECEMBER 14, 2007

M O R N I N G S E S S I O N(IN OPEN COURT)

THE DEPUTY CLERK: Everyone rise.THE COURT: Be seated, please. Good morning, ladies and

gentlemen. Call the case, please.THE DEPUTY CLERK: MDL #1657, In re Vioxx.THE COURT: Would counsel make their appearances for the

record.MR. HERMAN: May it please the Court, good morning,

Judge Fallon. I'm Russ Herman, liaison counsel for the PSC.MR. WITTMANN: Phil Wittmann, liaison counsel for the

defendants.THE COURT: We're here today in connection with our

monthly meeting in this matter. I met with the variouscommittees this morning to discuss with them their proposedagenda. I received the agenda timely several days ago. I'veadded some things to the agenda. We'll take them in the order inwhich they are set forth.

First, the settlement agreement. Any report on thesettlement agreement?

MR. HERMAN: Yes, Your Honor. Initially, there have

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been six seminars regarding the settlement agreement literallyconducted from coast to coast. Mr. Marvin, Doug Marvinrepresented Merck, and Mr. Birchfield and Mr. Seeger will havebrief reports. I only need to say that things are going quitewell in the administration, and Your Honor will hear more aboutthat.

MR. SEEGER: Good morning, Your Honor. Chris Seeger.Just briefly, we've held all day seminars starting inPhiladelphia. We went from there to Atlanta, to Houston, Denver,LA, New York and recently here in New Orleans meeting withlawyers throughout the country to go through the settlement.

For the most part, Andy has prepared a PowerPointwhich Your Honor has reviewed, more or less the PowerPoint thatwe used on November 9th, but we took a lot more time in thesesessions really walking people through the settlement, makingthem aware of the deadlines, things that needed to be completedand, probably most importantly, hearing any concerns that peoplemight have.

I have to say for the most part, the response hasbeen overwhelmingly positive. I understand there are a couple oflawyers that have a couple of issues on this or that, but for themost part it's been overwhelmingly positive. Everyone seems tobe pretty pleased with the deal, and I really haven't yet met thelawyer who says I can't recommend it to my client so I thinkthat's a good thing.

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I think another positive thing and one thing thatreally distinguishes this settlement from any other settlementthat's come before it -- and this has a lot to do with Your Honorand the other judges -- is on the day we announced it, we put theentire deal on the website. Everything has been incrediblytransparent. There are no confidential deals or agreements, thatclients, for example, can go on the website and read it forthemselves if they would like to.

We've also prepared -- two of our ethics expertshave also prepared letters of communications that are availableto all lawyers to send to their clients that outline, that reallysummarizes the deal, puts it in plain English and outlines everyrelevant or material portion of it.

Also at these sessions we've brought -- and you'regoing to meet and speak with today -- we've brought Orran Brownand his partner Lynn Greer, who will be talking about claimsadministration. We've also brought Matt Garretson, who will behandling the lien issues, who Your Honor will meet today as well,and one of our ethics experts, Lynn Baker, from the University ofTexas has made herself available, and we've brought her to manyof these sessions so the lawyers could ask questions. Generallywe just want people to know if they have questions or concernsthat we're all available to answer them or to get them answers.

Andy is going to spend a little time talking aboutactually his portion of what he's been discussing with them.

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MR. BIRCHFIELD: Good morning, Your Honor.Andy Birchfield. Throughout the course of these meetings, asChris mentioned, we started in Philadelphia, went to Atlanta,Houston, Denver, LA, and we also had a meeting in New York andNew Orleans, and we have met with over 700 lawyers, walked themthrough the details of the settlement program, the checklist thatthey are to follow in presenting information to their clients andregistering their clients for the program.

If I could, I would like to talk for just a fewminutes about the upcoming deadlines and the questions that wehave received and we're going to address. The first deadline isfor registration, and the deadline is January 15th. One of thequestions that has arisen is who should be registered, and we'veexplained to the lawyers that all clients, all Vioxx clientsshould be registered, whether they are a claimant that would beentitled to compensation under the settlement program or not.Regardless of whether it is a heart attack or a stroke or someother type of injury, all of those clients are to be registered.

The next deadline is for the enrollment process,and it's February 29th. In order to enroll the client, thoseforms are to be obtained from BrownGreer once the registrationprocess is completed. That is one of the things that has beenfairly encouraging is, as Russ mentioned, this process is wellunderway.

As a result of these meetings and lawyers engaging

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in this process, beginning to get a good handle on the settlementprogram, the terms of the settlement program and how theirclients are evaluated under the settlement program, we have hadapproximately 50. Yesterday we were at about 46. I know thatthere were a number of registration forms that were receivedovernight. We are approaching 10,000 clients that have beenregistered. So the program is well underway, and we're just alittle more than 30 days post the announcement of the settlement.

THE COURT: And with the registration, the attorneys arenot compelled to say that they approved the settlement or wouldrecommend the settlement during the registration process?

MR. BIRCHFIELD: That is correct, Your Honor.THE COURT: They simply say, These are claims that

results from taking Vioxx, period.MR. BIRCHFIELD: That is right. Your Honor, one of the

modifications that has been made is to the registrationaffidavit. In fact, we changed the registration form and it wasmodified, but we're asking the Court -- in fact, we will file amotion and Doug has that and will file that with the Court thismorning -- asking the Court to modify that so that there on theregistration affidavit, there is no commitment to recommend atthat stage. That will be covered with the enrollment form, thedeadline will be -- which is February 29th.

THE COURT: And anybody who has filed one of those otheraffidavits will put in the part that that will be negated or

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removed post-hoc so that we have everybody consistent. Thepurpose of the registration is sort of like a census, likeDecember 25, zero. Everybody had to register in Bethlehem.That's what it basically it is at this time.

MR. BIRCHFIELD: Yes, sir. And one of the things thatwe have been urging lawyers to do and have gotten a very goodresponse is early registration. That's important for a couple ofreasons:

One, is the registration form that is used byBrownGreer to generate releases, the individualized releases thatwill go out to the clients.

It also provides the information that is necessaryfor the lien administrator, who we'll hear from later, MattGarretson, to begin the statutory lien resolution process.

It also provides the information that is necessaryfor the lawyers and the clients to have access to records thathave been obtained through the course of litigation by Merck andare now being made available to the lawyers free of charge.

So those are the reasons why it's important to getthe clients registration process completed early, and lawyershave been responding. We're encouraged by that.

Then the next deadline is for the enrollment, whichis February 29th. BrownGreer has received the registration formand has generated the releases and made those available tolawyers, along with the disclosure letter that was prepared by

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the ethics expert that can be used as a letter by a lawyercommunicating to the client the terms of the deal. The ethicsexpert also prepared a description of the settlement that can beused to meet the, meet our disclosure obligations to the clients.Those are available on the plaintiffs' website, which is officialvioxxsettlement.com, that can be downloaded, can be modified ifthe lawyer chooses to meet his style. But the bottom line is ifwe have the negotiating committee and other members of the PSChave been actively engaged in getting information about thesettlement and the response has been overwhelming, and to be30 days out, we have a tremendous response thus far and it's avery favorable report to the Court.

THE COURT: That's fine. One of the problems in a caseof this sort is to get a handle on the census. In a classaction, be it a statewide class action or national class action,there is not as much emphasis on that as far as those who do notopt in, or those who do not opt out are out, and so they are shutout in that sense. This is not a class action. So, you have todeal with the census in a little bit different way.

The census is the registration aspect of it.Somebody registers, but if they don't like the settlement, theydon't like the settlement. But at least they are accounted for.If they haven't registered and later on down the line they try toget into that number, they will have problems, because other thanperhaps a Rip van Winkle situation, they will have a great deal

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of difficulty explaining why they didn't register. So that's amechanism for at least getting the census. And then once thecensus is established, then the 85 percent of that censusrequirement can be met and then a lot of other things happen.

But this is the first step, and as I understand thefirst step in the process, there are no strings attached to thefirst step. You're not giving up anything. You're simplysaying, This is a client or my client who has a claim resultingfrom Vioxx. I'm not admitting as a lawyer by registering that Iagree with the settlement, or disagree with settlement, or willadvise my client positively for the settlement, or will notadvise him positively. I'm just saying, This is my client, andshe or he has a claim. Is that your understanding?

MR. BIRCHFELD: Yes, Your Honor. That is correct. Infact, that is the purpose of submitting the order. It willchange the registration affidavit. Because the registrationaffidavit did not make a commitment on behalf of the clients butit did as to whether or not the lawyer would recommend thesettlement agreement.

And during the course of our discussions, we'veheard lawyers saying, We need additional time. And so we'reproposing that the Court enter this order that would delete thatprovision from the registration affidavit, and that commitmentfrom the lawyer will come at the time of the enrollment.

THE COURT: That's fine, okay.

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MR. MARVIN: Doug Marvin for Merck. We're pleased tohear that the program is being well received. We're alsoencouraged by the number of claimants that are alreadyregistered. And in that respect we agree with Mr. Birchfieldwith respect to the order that has been handed up to Your Honorthis morning that would separate the registration process fromthe enrollment process.

We've also been working with Brown and Greer alongwith the plaintiffs' group to develop an efficient process and asmooth process for the processing of these claims. And I guess Iunderstand that Your Honor will be hearing from Brown and Greerabout that and they'll be making a report. Thank you.

THE COURT: I would like to hear. One of the keyproblems in a matter of this nature, because of the scope andbecause of the numbers involved, is just the administrativedifficulties that such a settlement poses.

And we're fortunate to have with us on thisparticular case experienced people who have been down that roadbefore and have distinguished themselves in this area, so I'llhear from them at this time.

MR. HERMAN: May it please the Court, I introduce to theCourt, Orran Brown of Brown and Greer who will make a report tothe Court.

MR. BROWN: Good morning, Your Honor, I'm Orran Brown.It's a pleasure to be here and with me today is Lynn Greer, who

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is back there with me. We are the Brown and the Greer ofBrownGreer in Richmond, Virginia. And we are quite honored to bethe claims administrator on this program. The parties involvedin this and the Court and the other courts involved in this haveput in a lot of hard work to get this settlement programunderway. And we're going to do justice to that work bycontinuing to keep it moving in a way that makes this programsuccessful.

Our job at this point is to do what we've alreadydone, is hit the ground running. We want to make sure that thereis plenty of room at the inn when all these folks show up toregister for the census, and we've already started the process inthe last month to make that work.

And what I want to do this morning briefly issummarize for the Court what we've done in the last month sincethe settlement was announced on November 9th.

Our job is to make this work promptly, correctly,and efficiently. And we've done that in other settings. We havebeen doing this kind of work, designing and implementingresolution programs, since 1989, beginning with the Dalkon shieldtrust funds out of the Robins bankruptcy in Richmond where Iserved as their outside counsel. Lynn was in-house counsel atthat trust fund. We've handled the legal and practical aspectsof that facility and two other trust funds created in thatbankruptcy until we closed the last trust in 2000.

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We have been working throughout at that time onother settings like this one. We have worked in the Wyethfen-phen diet drug class action settlement. We're not the trustfund in that; there is a trust fund in Philadelphia that ishandling that administration, but our job in that setting hasbeen to try to make that process work better. We have been doingthat for the last seven years. And we handled a program verymuch like this one for the settlement of about 60,000 opt-outsfrom the diet drug settlement on behalf of Wyeth, and thatprogram we felt worked very smoothly and is finishing out now.

We have handled the claims administration in theSulzer, about a billion dollar class action settlement out ofCleveland.

We handle this type of work in large personalinjury settings, smaller personal injury settings and innonpersonal injury cases where there is some resolution programand a process to move a claim from start to finish as quickly aspossible and correctly.

Briefly, Your Honor, this is what we've done inthis setting so far. As the Court has already heard, as of lastnight, we have received registration materials from 63 law firmsfor almost 10,000 claimants in those spreadsheets that we'vegotten so far. It's a little under 10,000 right now. We havetwo unrepresented claimants who have sent in their registrationaffidavits.

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And so far, obviously we're focusing on theregistration phase and then what immediately follows on itsheals, the enrollment phase, designing processes right now toallow the participants access to us, access to information aboutwhat they are supposed to be doing and by when. And we have beenworking with the parties to put all of this in place as quicklyas possible.

We have established a Vioxx settlement website onour website, which is now, I think, going to be the centralrepository for official documents, official forms, helpfulchecklists that we developed to help people make sure that theyhave followed each of the steps, instructions about each of thesteps in the process and how to begin the program, what they needfrom us down the road to have their claims evaluated in theprogram. We set up our own toll-free number dedicated to thissettlement. It is on our website. We staffed that with people.It's not an automated system. We have our employees answer thosephone calls. We have our own rules that if you get a phone calland don't get the person right at that moment, we return thosecalls within 60 minutes or less during the business day, firstthing the next morning if they come in late.

We have, as the registration orders required us toset up an e-mail box, claimsadmin@browngreer.com, we've set thatup immediately. That's where we are now receiving registrationmaterials. We also in that e-mail address, we get lots of

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questions from law firms about the process and how it works. Weanswer those within 60 minutes or less if they come in during thebusiness day or first thing the next morning.

We attended four of these informational meetingsthat the Court heard about to give some public face to the claimsadministrator so that when people ask us a lot of questions atthose sessions.

We've worked a lot on the forms that are neededright now for the registration affidavit, the claimant'sspreadsheet, and then the forms that are needed for theenrollment package to make them as user-friendly as we could.For example, in the claimant's spreadsheet, we took the one thatwas attached to the settlement agreement and created an Excelversion that had a lot of drop-down lists and instructions andthings that we could program into it to help the flow of dataentry for the people using it, and it also helps us when we getit back that we could input it correctly.

And we're already exchanging that information withlaw firms, many of whom we've worked with before in otherprograms to make the system work as smoothly as we can.

We have commenced the planning for each of the nextsteps of the program. As soon as we get a registration affidavitand a spreadsheet from a law firm sent to our e-mail address, weassign a claims administrator contact, a CA contact, we'recalling it, a person in our office who is assigned to that law

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firm for the duration of the program. And that's the person thatthat law firm can call for any type of question about it ore-mail any type of question about it throughout the process, anda lot of our employees have worked with a lot of these firmsbefore in other programs and already know each other.

So we think that that works very well so thatpeople always know whom they are supposed to call if they have aquestion or e-mail if they have a question or a problem.

We've begun the planning for the next steps forclaims review, the work that happens after enrollment. We arealready developing the processes for that. We want this to runsmoothly throughout on the timetable that the settlementagreement contemplates, unless that's extended for some reason.We want this to work on the timetable by January 15th to havepeople registered by February 29th, to have people enrolled, andwe are, we want to create systems that make it work easier.

For example, if someone has to enter information,we only want that entered once. Name, address, claimant. Onceit's entered, we use that throughout the system. We can pre-fillin the forms for the participants so that they don't have to redothem. And on certain forms, where there is a lot of data entry,what we want to drive people to do is make those forms availableat a secure website that a firm would access by a password thatwe issue them. They can enter the data online. It's already onour servers, it saves time and money so that we're not entering

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data ourselves. We want this to work electronically in assophisticated a way as we can, the firms can use and feelcomfortable with.

We're prepared at any time to give the Court anyinformation the Court would like about how it's going, and if theCourt has any further questions of us this morning, we wouldhappy be answer.

THE COURT: No, I would like you to meet with us on amonthly basis, at least for the immediate future so that we canget a handle on what's happening and what problems you're having,if any, so that you can announce them and I can either deal withthem at our monthly status conference or put them on the web ordo something to keep matters moving.

MR. BROWN: Yes, Your Honor, we would be delighted to dothat.

THE COURT: It would be helpful if periodically youwould file or at least deliver to us a list of people who havebeen registered so that we have a running list of that.

MR. BROWN: We would be happy to do that, too,Your Honor.

MR. BIRCHFELD: Your Honor, if I could comment veryquickly. As Mr. Brown expressed, they have committed to working,making this process work. They have been available to work withus at all hours to, you know, to make changes, adjustments to theforms to make this work very efficiently.

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As the program is kicked off and we've had thesemeetings, we've received calls, a number of calls from lawyers,you know, with questions, and as they have been interacting, youknow, with BrownGreer, it's been true for, you know, for myoffice. I know the same is true for Mr. Seeger and Mr. Blizzardand I'm sure others that have received calls from lawyers, it hasbeen, without exception they have been very complimentary of howresponsive BrownGreer has been to their questions. They haveassigned an individual at BrownGreer that is the permanentcontact for lawyers, and that has worked extremely well. And thelawyers have gotten prompt and accurate responses to theirquestions, and I think that is facilitating the implementation ofthis program to a tremendous degree. And, Judge, I had mentionedearlier, the lien resolution aspect of this, and --

THE COURT: I would like to hear from the lienadministrator. One issue that we have in a program such as this,and it's becoming an increasingly prominent issue with recentlegislation in mega cases and that issue is governmental liens,such as Medicare liens, Medicaid liens. That, as we all know, isa requirement, a debt so to speak that Medicare feels they areowed by both the litigant as well as the litigant's attorney. Sothis is a very significant issue in these types of cases and inother cases. And so we are fortunate to have someone experiencedin this area to address from the outset the various governmentalliens. I'll hear from him at this time.

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MR. BIRCHFELD: Your Honor, Matt Garretson, the serviceand lien administrator.

MR. GARRETSON: Thank you, Your Honor. My name is MattGarretson. I'm with the Garretson Law Firm. With me in thecourtroom today is Jason Wolf, with our firm, who runs ouroperations. The governmental liens under the master settlementagreement that we'll be addressing, Your Honor, are the Medicareand Medicaid as you mentioned, as well as other governmentalliens with statutory interests, Tricare, Champus, VA liens,Indian health and perhaps others.

We expect 70 to 80 percent of all registeredclaimants to have these liens. With the assistance of theplaintiffs' steering committee, we accessed a study group thatworks with the government to find out how many of thebeneficiaries or how many of the participating claimants are, infact, beneficiaries.

But despite that number, we have a good head start.We have been working very diligently with the Centers forMedicare and Medicare Services, both in a testing, hypotheticalphase earlier on to look at this study group, as well as veryregularly since this settlement program was announced.

We are communicating with the states here at theyear end regarding the processes and the procedures that we'll beusing. And as I'll speak in a moment, they're very familiar withthis process. We have gone down this road with them before.

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We have been working with the claims administrator,BrownGreer, just as recently as yesterday to synchronize ourtimelines, our processes and procedures, and we've had the goodfortune of working with them before on other complex projects.

I think what's important to say, because Jason willshoot me if I don't mention it, it's critical at this juncturethat we communicate to every plaintiff attorney who representsregistering claimants to not make contact with Medicare, Medicaidand the other statutory lien holders on their own at this pointbecause it could create confusion because we're trying to funnelall this and aggregate these claims in a very deliberate fashion,Your Honor.

We will be communicating this process and theseinstructions through BrownGreer to all the attorneys who registerclaimants and receive their release packages.

THE COURT: I would like to emphasize that point becausethe whole purpose of trying to do this globally is to give thelitigants the benefit of numbers. And when it's done globally,each individual profits from that, and also the Medicare programprofits from it because they can get their hundreds or thousandsof liens or whatever it is worked out.

It's better for the individual if the individual ispart of the group effort from the liens standpoint. And sothat's another benefit for registration.

MR. GARRETSON: Yes, Your Honor. We are confident in

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the timetable that's been outlined and the procedures we have inplace to ensure that money can move to these program claimantsconsistent with the timelines laid out by the master settlementagreement.

Not all liens will be finalized, but we haveprocedures in place to allow for a holdback, Your Honor, thatwould enable, while we tighten down the final lien amounts, tohave money moving in a meaningful way to all of the claimantsconsistent with the timeline.

Your Honor, we're not handling the private liensthat may be through the claimants' employers or through policiesthey retained on their own or through supplemental policies theymay have purchased; however, we are providing written educationalmaterials to all the attorneys and to the enrolled claimants, anda questionnaire and other tools to assist them in understandingwhat obligations they might have under such plans.

Your Honor, I think that I would just like theCourt to understand that we're committed to the process. This isa large project, but we are used to, as a firm, running 40 to 60thousand claims through our shop a year to verify and finalizethese statutory liens.

We've had the good fortune of serving many of theattorneys here in the courtroom through the diet drugsettlements, through various waves of the Rezulin settlements andthe Oxycontin settlements, and most recently concluding 26,000

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Zyprexa liens in this fashion that I've laid out for the Courttoday.

We're honored to serve the parties, the Court andmost importantly to make sure that this settlement is asmeaningful and beneficial in terms of what actually happens tothe claimants in their net proceeds at the end of the day.

I'm happy to answer any questions the Court mayhave.

THE COURT: Thank you very much. I appreciate yourhelp.

MR. HERMAN: Matt, thank you.THE COURT: Let me hear more on the settlement

agreement.MR. HERMAN: Just a couple of notes, Your Honor.

Initially we've taken the position that as regards thenongovernmental statutory liens, that we're not in a position toentertain those until those entities, private entities provide uswith authorization of who represents them, with the insurancepolicies in which they claim there is a subrogation right, anduntil they are prepared to talk about causation and produce theirown records as to medical issues.

In terms of BrownGreer, as Your Honor knows, wehave noticed 1,160-plus pro se individuals that we are receivingabout 30 to 40 calls a day, either from pro se or attorneys thathave claims, and BrownGreer has been extraordinarily responsive.

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I echo what Andy and Chris have had to say about that.MR. SEEGER: Your Honor, I'm sorry, to jump in like

that. I want to make it clear so nobody picks up this transcriptand misreads it. At this point, we don't acknowledge any privatethird-party liens or claims, but the deal does not in any wayinterfere with their rights under their insurance agreements. Ijust wanted to have that for the record.

THE COURT: Anything more on the settlement?MR. WITTMANN: No, Your Honor.THE COURT: Let's go to the state court trial settings

and report on that.MR. WITTMANN: Yes, Your Honor, there are a number of

state court trial settings that were outstanding at our lastconference that have been vacated now. There are only two casesin state court for which we have trial settings.

We have the Zajicek case set in Texas onFebruary 11, 2008, and the Frederick case, which is set inBirmingham, Alabama, for March 10th in Jefferson County, Alabama.Those are the only two trial settings that I'm aware of rightnow.

THE COURT: Class actions is the next item on theagenda.

MR. HERMAN: Your Honor, at page 3, I want to indicateto the Court that the interlocutory decrees filed in theFifth Circuit will receive our Motion to Dismiss next week.

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No further issues on class actions, Your Honor.THE COURT: What about discovery directed to Merck,

number 4 on the agenda?MR. HERMAN: Your Honor, we're not requesting that the

stay be lifted in terms of Merck discovery. Folks need time toregister and evaluate the settlement document.

THE COURT: Discovery directed to third parties isnumber 5.

MR. HERMAN: Your Honor, I'm in discussions withMr. Wittmann and representatives of Merck regarding the FDAdiscovery in connection with preemption, and we will be movingthe Court to request a stay insofar as the FDA discovery limitedto the preemption issues be lifted.

MR. WITTMANN: As matters now stand, Your Honor, on theissue of stay of pre-trial order number 30 staying all deadlines,we'll wait and see that motion.

THE COURT: I'll wait to receive it and give you anopportunity to respond.

There is also another item mentioned isofficialvioxxsettlement.com.

MR. HERMAN: Yes, Your Honor, that's a rogue listing.It has misinformation on it. It appears at face value to be somesort of solicitation of cases. We would like the stay lifted sowe can investigate it. We have been in contact with the firmthat listed this site. They have not agreed to voluntarily at

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this point take it down. We've also been in touch with at leastone lawyer whose name is listed in connection with this site whodid not know his name was even listed. So we would like the staylifted so that we can have discovery directed to this issue andthen present the proper motion to the Court.

MR. WITTMANN: We have no objection to lifting the stay.THE COURT: Do a motion for that and I'll lift the stay

for that purpose. I'm interested in whether we discover theissue so that I can determine whether an injunction is in order.

MR. HERMAN: Your Honor, the next issue on stay involvesa prescription benefit manager, acronym PBM, the Express Scrips,Inc. These organizations generally negotiate with employers andpension plans, and contract to get a reduced drug order abilityfor members of pension plans or employment units. Express Scripshas advised a number of lawyers that they will charge $1,500 forpharmacy records. That's a bit larger than the $50 that theyusually charge, and, Your Honor, we would like very much to beable to have the stay lifted so that we can take depositions ofExpress Scrips on this issue, as well as subpoena their recordswhere necessary in order to determine whether or not $1,500 isrealistic to furnish three or four pages of pharmacy records.

MR. WITTMANN: And we have no objection to lifting thestay.

THE COURT: File the necessary motion. Thoseorganizations do a good service in collecting the information,

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and they do deserve to be recognized and paid for their service;on the other hand, their charges have to be reasonable under thecircumstances. If they are not reasonable, then I will considerissuing Subpoena Duces Tecum requiring them to deliver thematerial into the registry of the Court, and I'll have it as partof the court record, and I won't even pay the $50. So let'sdiscover that situation and hopefully it will work itself out. Irecognize that they do a service, and I think they should be paidfor it, but the payment ought to be reasonable.

MR. HERMAN: Thank you, Your Honor.With respect to deposition scheduling --

THE COURT: Which is the next item on the agenda, six.MR. WITTMANN: Those have all been postponed,

Your Honor.THE COURT: On state/federal coordination, liaison

counsel, anything from you?MS. BARRIOS: Yes, Your Honor. Good morning,

Your Honor, Dawn Barrios for the state liaison committee. Iwould like to take a moment to thank the negotiating teams forboth the plaintiffs and the defendants. It is so wonderful tohave such a resolution and the overwhelming support thatMr. Herman, Mr. Birchfield and Mr. Seeger spoke about, I can alsoattest to because we've gotten so many calls about thesettlement.

And I say this as a compliment. The only complaint

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that I get is because not every Vioxx claimant is allowed intothe settlement. As Your Honor is aware, there are deadlines foreligibility, but if that's the only complaint that we've heard,that speaks well of the settlement.

Also, I want to compliment the Plaintiffs' SteeringCommittee for the various seminars around the country. I've beenable to direct people to attend the seminars. Everyone has foundthem particularly helpful. Mr. Birchfield and Ms. Leigh O'Dellhave really done a spectacular job of explaining the settlementto the late attorneys who are not all that familiar with Vioxx.

I do have a question, Your Honor, because I knowthere are a lot of people on the line with this issue, I wouldlike to address it, particularly to Mr. Birchfield. For thoseclaimants who are not going to be eligible claimants,particularly in states like Florida, who have a four-yearstatute, should they file a registration form?

MR. BIRCHFELD: It's been our position we're encouraginglawyers to, if they are subject to the jurisdiction of the Court,then they are to register. They should register each of thoseclaims, just list the Vioxx claims in which they have aninterest.

THE COURT: I think it's one of those situations whereit's kind of like chicken soup; it can't hurt. They are notgiving up anything. They are not doing anything to prejudicetheir clients in any way, and it may well help their clients, but

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they are not going to hurt them as I see it. So when in doubt, Ithink registering is a good move.

MR. BIRCHFELD: Your Honor, Ms. Barrios pointed out thatthey may not be subject to the jurisdiction of the Court. Andthat is true if a lawyer does not have any Vioxx, you know, casefiled, but if a lawyer has a single Vioxx claim that is filed ortold in the MDL or has a claim filed in New Jersey, California orTexas and they are subject to the registration order, in thatevent, they should list each Vioxx claim in which they have aninterest.

That's the position that we think that that waswhat was contemplated by the terms of the settlement agreementfrom our perspective; is that correct, Mr. Marvin?

MR. MARVIN: Yes, it is.MS. BARRIOS: I appreciate that, Your Honor, because

that is a question that we've gotten so many times.In connection with the settlement, I have received

some calls from attorneys particularly in Washington state and inNew York who have cases that are pending here. They have pendingremands, and their cases are economic cases only. ParticularlyPagan and Brown versus Merck, MDL case number 05-0515, andRobert Waitt, et al. versus Merck, and that is number 05-5318.

Both of these cases are economic classes statewide.One is against, the Waitt case is against Merck for wanting toget full refund after the voluntary withdrawal alleging that a

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full refund for unused Vioxx was not given and the other is forreturn of the purchase price.

I have spoken with these two attorneys and they'veasked me to ask Your Honor if you would entertain a motion tolift the stay that you imposed in pretrial order number 30, toallow these two cases to have their remand orders heard.

I then did a survey, a very informal survey of myremand information, and there are about six or seven other casespending on our remand docket of state court cases with economicissues only. I've spoken with Mr. Dugan about his Louisiana AG'scase. We also have one from D.C., Attorneys General of Montana,New York, New Jersey, and Utah.

I am going to do a thorough search of those typesof cases with the PSC. I've been in touch with Mr. Davis aboutthat, and we are going to present or these attorneys will presenta motion for Your Honor to lift the stay for the cause shown.

THE COURT: Let me address those. My thinking on thelitigation at this stage is that I think once the smoke clears onthe settlement and we get a better feeling on it, like for thenext month or two months, so that this is moving along properly,we ought to then figure out what's left. And then we have todevise a plan for what's left, how to deal with it.

With the economic cases, we may find it helpful,useful to try one of those cases, to pick one of the cases that'ssort of similar to all of the other cases and try that and see

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how that shakes out, how it works.It's somewhat of a bellwether approach in the

economic cases or in the cases that are left in some way. Myreluctance to send them back at this stage is because I don'tfeel that I've done enough to give those cases some informationthat they can utilize when they go back. We have been focused onthe personal injury cases and the causation elements and all ofthat sort of thing, preemption elements in those particularcases, but when we are finished with that, and it won't be long,we have to then see what's left and see how we can devise asystem for resolving those cases.

I'm not going to just abandon those cases. That'sthe next step, to resolve those cases, and we may have to,hopefully we will have learned something from the others, but Ido, I am beginning to focus on it and to come up with somemechanism for dealing with those cases in somewhat similar waysat least to try them, at least try one of them so we'll see whatwe can learn from it.

MS. BARRIOS: Thank you, Your Honor, I appreciate that.I have given to Merck and to the plaintiffs and I

presented to your law clerk this, I'm happy to say this holidayseason we have a three-box DVD set. We have updated Vioxx remandstatistics. We have total pending remands 739. A second CD isthe 10 cases that have been removed twice. We call those thedouble remand, and the third CD are those cases that I spoke

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about with the economic impact.THE COURT: And they still want to go back, is that it?

They don't want a part in the settlement?MS. BARRIOS: I have not heard anyone who has a claim

who would be eligible for the settlement and wants to go back.I'm hearing from the people who on its face will not benefit atall.

Thank you, Your Honor.THE COURT: Thank you.MR. HERMAN: May it please the Court, pro se claimants,

pursuant to Your Honor's order, on December 12th, our office sentto all pro se claimants that we knew about and that we had anye-mail or mail addresses, approximately a thousand, not only theagreement but a letter based upon advice from ethics expertsexplaining the settlement, and a checklist developed by ouroffice.

We've had a number of responses on a daily basis.So far, the pro se's are filling out forms, two of them havealready registered. We anticipate at some time in the futurethat it may be necessary for Your Honor to appoint a curator adhoc, but we haven't reached that point yet.

Yesterday I received an e-mail from Ms. Barriosindicating that she would be happy to assist us with the pro se.At this point, it's well in hand, but should we need additionalassistance, we thank Ms. Barrios for her offer.

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I did want to say in connection with the sixseminars, Mr. Blizzard, of course, Chris Seeger, Arnold Levin,Tom Girardi, from my office, Len Davis, Steve Herman have allparticipated in those seminars, and there are several upcomingseminars. I think there are three listed that are members of thePMC firms will be attending and making the presentations.

MR. WITTMANN: Your Honor, Merck's motions, which arethe next item, we have nine cases in which the plaintiffs havemoved for reconsideration of the judgment you entered last month.I understand you're not going to hold oral argument on those.They will be decided under submission.

THE COURT: Right.MR. WITT MAN: On the preemption motion that Your Honor

and I had summary judgment on in the Arnold and Gomez cases, youhave under consideration our motion for certification forinterlocutory review, and the Court has it under advisement andthat's the report on that.

MR. LEVIN: Arnold Levin, we're taking discovery alongthose lines, Your Honor.

THE COURT: All right. Issues relating to pretrialorder number 9? Anything on that?

MR. HERMAN: No, Your Honor.THE COURT: Vioxx suit statistics.MR. WITTMANN: Your Honor, we've gotten a joint report

of the suit statistics as of October 9, 2007. Those are the most

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recent statistics we have. We expect to get some later thismonth I believe. But there has been very little change sinceOctober in the statistics.

THE COURT: Motions to conduct case specific discoveryis the next item.

MR. HERMAN: Your Honor, there is nothing new on that.We're still discussing those issues. At the present time,because of the registration under the master settlementagreement, there has been no action undertaken in that regard.

THE COURT: How about Dr. Farquar?MR. HERMAN: Your Honor, we've asked permission for

myself as plaintiffs' liaison counsel to speak with Mr. Wittmannand Mr. Arbitblit about this matter.

THE COURT: Any problem with that?MR. WITTMANN: No, Your Honor. We would be happy with

that.THE COURT: Let's arrange that. If you need the Court's

assistance, let me know.The MDL trial package.

MR. HERMAN: Yes, Your Honor. Your Honor, the MI trialpackage is complete. The stroke package, we had a committeeconference call on that. It's underway, should be completed inJanuary.

We have had two requests for the trial package.Primarily, Mr. Stratton, Michael Stratton requested a release of

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the trial package. I responded on behalf of the PSC and thetrial package committee that we had been exploring securityissues because we did not want the strategies which include linesof direct and cross examination suggested vulnerabilities in whatwe perceived Merck's case, vulnerabilities which we perceived inplaintiffs' cases, how to handle those vulnerabilities,et cetera, strategy items, we did not feel that they should bereleased because we don't have any way of protecting it. Butthat with all of the public materials, that is, the 17 trialtranscripts, the deposition cuts, the documents offered inevidence by both sides, catalog, would be provided toMr. Stratton on a disc.

And several times I e-mailed him that we would beavailable in our office in New Orleans, Mr. Seeger in New York,Mr. Birchfield in Montgomery, Mr. Girardi's office on the westcoast, virtually also Mr. Rafferty's office in Pensacola and wewould provide a lawyer and he could come and take notes of whatthe strategies were, who we thought the best experts were,et cetera, and we got no response other than a motion which saidthat we never offered.

That motion is filed before you. It's not set. Iwant to renew on the record to anyone who wants to look at thetrial package, it is available. We've also filed under seal ourearly retention of a security expert. We now have concreteproposals which have been filed under seal. A number of

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Mr. Stratton's inquiries and our responses on the AAJ list serve,which is a security protected list serve, and so those materialsare also filed under seal and we would be delighted to have thatmatter set at Your Honor's schedule and are prepared to argue it.

THE COURT: I've had an opportunity to see the trialpackage, and the trial package includes a number of things. Someof the matters are public record, the depositions and clips andthings of that sort; but other areas include what I would feelwould be attorney-client privilege, and the difficulty withattorney-client privilege is that it can be waived. And thedifficulty of exposing that type of material without propersecurity is catastrophic on the rest of the people who utilize orintend to utilize the trial package because then it gets into thepublic domain or it's at least discoverable, and then the trialpackage that took a lot of experienced lawyers a lot of time toprepare is rendered meaningless or at least partiallymeaningless.

So it seems to me that the material that is in thepublic domain can be given to someone who requests it, who is inthe litigation, but with the other material, up until there issecure devices to ensure the total security of this material,it's problematic for everyone, including those who have not asyet requested it, that this material be given.

So I'm not in favor of the material being given. Ido recognize that the attorneys should be given access and

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whatever convenience that can be extended to them, I would expectthe committee to do that. But I am not in favor of having thatsent without the proper security devices placed on that.

MR. HERMAN: Your Honor, Mr. Stratton has also filednaming Merck and the individual, of the plaintiffs' negotiatingcommittee as defendants in a declaratory judgment action inUnited States District Court, District of Connecticut. Thematter was allotted to Judge Underhill yesterday. JudgeUnderhill, with representatives of Merck and representatives ofthe PNC, conducted a hearing, and the result of that hearing isthat Mr. Stratton will file on Monday any supplemental brief thathe wishes to file on the issue of whether there is a controversyor not.

By Monday afternoon by 5:00, Merck and theindividual defendants named will file a 1404A motion to transferbefore Judge Underhill, and by Friday, next Friday, in the eventthat Merck or the individual named PNC members feel the necessityto reply to Mr. Stratton's supplemental brief, our brief will bedue at 5:00 Friday.

It would be improper for any lawyer to represent tothe Court what Judge Underhill may or may not decide, and I guesswe won't know that until we get an order, but Judge Underhill didindicate that he was going to deal with this matter very swiftly,as soon as he had briefing before him.

THE COURT: Thank you.

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MR. HERMAN: The last matter on this agenda, other thanYour Honor setting a new date for us to meet, is yesterdayafternoon, Mr. Kaiser, whom Your Honor is familiar with, he trieda case in the MDL, joined by other attorneys, filed motions andpapers yesterday basically requesting relief or modification ofthree, primarily three different aspects: One dealing with theirview of the ethics issues. Secondly, deadlines, and lastly, forsome special committee to be appointed to renegotiatemodifications to the agreement.

And the matter is not ripe. They did file anemergency, a request for emergency hearing on it. On behalf ofthe PNC, we request that we be allowed until next Friday at 5:00to respond to those pleadings.

MR. RANIER: May we be heard on that, Your Honor?THE COURT: Sure.MR. WITTMANN: Your Honor, we would make the same

request on behalf of Merck. We have until next Friday to file aresponse.

THE COURT: All right.MR. RANIER: Drew Ranier. Your Honor, we filed motions

and we're prepared to go ahead today. Depending on Your Honor'spleasure, we have professor Charles Silver from the University ofTexas, an ethics professor there who is prepared to discuss thekey issues in the motion relating to, especially the hundredpercent recommendation rule and the problems that it creates,

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particularly in Texas, but everywhere. So whatever your pleasureis.

THE COURT: I won't hear it today but I'll give you 10days, I'll take it, I'll look at it and then I'll set it forhearing. We'll set aside perhaps maybe three days on it. I'llhear the, I'll give you-all an opportunity to discover it beforethe hearing, take the depositions of whomever you need to, giveit to me and then I'll deal with it. Meanwhile we'll go forwardwith the matter. But I'll give 10 days to hear a response andthen I'll set a discovery schedule and I'll set a hearingschedule.

MR. RANIER: Thank you, Your Honor. Now that Your Honorhas indicated that you will modify Exhibit A and the affidavit orthe registration form, that of course changes some of the issues.We briefed that and moved for that in our motion. And we thankyou for that. But we still have, and that takes a little bit ofthe pressure off of the deadline, but we still have theenrollment deadline at the end of February, and I'm speaking forfirms that have approximately 5,000 cases, so the sooner this isdone, the better. And we appreciate your handling it quickly.

THE COURT: Okay.MR. RANIER: Thank you.THE COURT: Thank you very much.MR. HERMAN: Your Honor, my only very quick comment is

that we will, of course, abide by order, but the modification

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that Mr. Marvin spoke of and presented to the Court, I want theCourt to know it was done after a series of discussions andnegotiations. It just didn't come out of the ether. The lastthing that I have to say is that I'll withhold any remarks aboutthat and I await Your Honor's determination as to when we willmeet again.

THE COURT: We'll have the next meeting January 18th.MR. WITTMANN: The time?THE COURT: The time, same time, at 9:00. I'll meet

with the committees at 8:30.Folks, thank you very much, and everybody have a

good Christmas.THE DEPUTY CLERK: Everyone rise.(WHEREUPON, the proceedings were concluded at

10:17 a.m.)* * *

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REPORTER'S CERTIFICATE

I, Cathy Pepper, Certified Realtime Reporter, RegisteredProfessional Reporter, Certified Court Reporter, Official CourtReporter, United States District Court, Eastern District ofLouisiana, do hereby certify that the foregoing is a true andcorrect transcript, to the best of my ability and understanding,from the record of the proceedings in the above-entitled andnumbered matter.

/s/Cathy PepperCathy Pepper, CCR, RPR, CRROfficial Court ReporterUnited States District Court

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23:14, 24:14, 24:23,25:24, 30:10, 31:18,32:3, 32:15, 38:25,40:4

Attorneys [1] - 32:11authorization [1] -

25:18automated [1] - 17:17available [10] - 8:10,

8:20, 8:23, 11:18,11:24, 12:5, 19:22,20:23, 37:14, 37:23

AVENUE [1] - 1:14await [1] - 42:5aware [3] - 7:16,

26:19, 30:2

B

B406 [1] - 4:7Baker [1] - 8:19BALEFSKY [1] - 2:10bankruptcy [2] -

15:21, 15:25Barrios [4] - 29:18,

31:3, 34:22, 34:25BARRIOS [6] - 3:16,

3:16, 29:17, 31:15,33:19, 34:4

based [1] - 34:14BASILE [1] - 2:20basis [2] - 20:9, 34:17BATTERY [1] - 3:9BAYLEN [1] - 2:17BEASLEY [1] - 1:16BEATMANN [1] - 2:19becoming [1] - 21:17BEFORE [1] - 1:9begin [2] - 11:14,

17:13beginning [3] - 10:1,

15:20, 33:15begun [1] - 19:9behalf [5] - 13:17,

16:9, 37:1, 40:11,40:17

BEISNER [1] - 3:6bellwether [1] - 33:2beneficial [1] - 25:5beneficiaries [2] -

22:15, 22:16benefit [4] - 23:18,

23:24, 28:11, 34:6BERMAN [1] - 1:21best [2] - 37:18, 43:7Bethlehem [1] - 11:3better [4] - 16:6,

23:22, 32:19, 41:20billion [1] - 16:12BIRCHFELD [6] -

1:17, 13:14, 20:21,22:1, 30:17, 31:3

Birchfield [7] - 7:3,9:2, 14:4, 29:22,30:8, 30:13, 37:15

BIRCHFIELD [4] - 9:1,10:12, 10:15, 11:5

Birmingham [1] -26:18

bit [3] - 12:19, 28:16,41:16

BLIZZARD [2] - 2:6,2:6

Blizzard [2] - 21:5,35:2

bottom [1] - 12:7BOULEVARD [1] -

2:14box [2] - 17:23, 33:22BOX [1] - 1:19brief [4] - 7:4, 39:11,

39:18briefed [1] - 41:15briefing [1] - 39:24Briefly [1] - 16:19briefly [2] - 7:8, 15:14brought [4] - 8:14,

8:15, 8:17, 8:20BROWN [5] - 3:23,

3:23, 14:24, 20:14,20:19

Brown [9] - 8:15, 14:8,14:11, 14:22, 14:24,15:1, 20:22, 31:21

BrownGreer [11] -9:21, 11:10, 11:23,15:2, 21:4, 21:8,21:9, 23:2, 23:14,25:22, 25:25

BUILDING [1] - 2:7business [2] - 17:20,

18:3BY [19] - 1:13, 1:17,

1:21, 1:24, 2:3, 2:6,2:10, 2:13, 2:17,2:24, 3:3, 3:6, 3:9,

3:12, 3:16, 3:20,3:23, 4:9, 4:10

C

CA [2] - 2:14, 18:24California [1] - 31:7CARONDELET [1] -

2:24CASE [1] - 5:16case [12] - 6:9, 12:13,

14:18, 26:16, 26:17,31:5, 31:21, 31:24,32:11, 36:4, 37:5,40:4

cases [33] - 16:16,21:18, 21:22, 21:23,26:14, 27:23, 31:19,31:20, 31:23, 32:6,32:8, 32:9, 32:14,32:23, 32:24, 32:25,33:3, 33:5, 33:7,33:9, 33:11, 33:12,33:13, 33:16, 33:24,33:25, 35:8, 35:14,37:6, 41:19

CASTEIX [1] - 3:16catalog [1] - 37:11catastrophic [1] -

38:12CATHY [1] - 4:7Cathy [2] - 43:3, 43:13causation [2] - 25:20,

33:7CAUSEWAY [1] - 2:20CCR [2] - 4:7, 43:13CD [2] - 33:23, 33:25census [8] - 11:2,

12:14, 12:19, 12:20,13:2, 13:3, 15:12

Centers [1] - 22:18central [1] - 17:9CENTRE [1] - 2:7certain [1] - 19:21CERTIFICATE [1] -

43:1certification [1] -

35:15Certified [2] - 43:3,

43:4certify [1] - 43:6cetera [2] - 37:7,

37:19Champus [1] - 22:9change [2] - 13:16,

36:2changed [1] - 10:17changes [2] - 20:24,

41:14

charge [3] - 11:18,28:15, 28:17

charges [1] - 29:2Charles [1] - 40:22CHARLES [1] - 2:4checklist [2] - 9:6,

34:15checklists [1] - 17:11chicken [1] - 30:23chooses [1] - 12:7Chris [4] - 7:7, 9:3,

26:1, 35:2Christmas [1] - 42:12CHRISTOPHER [1] -

1:24CINCINNATI [1] - 3:21Circuit [1] - 26:25circumstances [1] -

29:3claim [8] - 13:8, 13:13,

16:17, 25:19, 31:6,31:7, 31:9, 34:4

claimant [3] - 9:15,19:18, 30:1

claimant's [2] - 18:9,18:12

claimants [15] - 14:3,16:22, 16:24, 22:12,22:15, 23:8, 23:15,24:2, 24:8, 24:14,25:6, 30:14, 34:10,34:12

claimants' [1] - 24:11CLAIMANTS..............

........................ [1] -5:12

claims [16] - 8:16,10:13, 14:10, 15:3,16:11, 17:14, 18:5,18:24, 19:10, 23:1,23:11, 24:20, 25:25,26:5, 30:20

claimsadmin@browngreer.com [1]

- 17:23CLASS [1] - 5:7class [7] - 12:14,

12:15, 12:18, 16:3,16:12, 27:1

Class [1] - 26:21classes [1] - 31:23clear [1] - 26:3clears [1] - 32:18CLERK [3] - 6:7, 6:10,

42:13clerk [1] - 33:21Cleveland [1] - 16:13client [9] - 7:24, 9:20,

12:2, 13:8, 13:11,13:12, 38:9, 38:10

2

clients [16] - 8:7, 8:11,9:7, 9:8, 9:14, 9:18,10:3, 10:6, 11:11,11:16, 11:20, 12:4,13:17, 30:25

clips [1] - 38:7closed [1] - 15:25coast [3] - 7:2, 37:16CODE [1] - 2:19collecting [1] - 28:25comfortable [1] - 20:3commenced [1] -

18:21comment [2] - 20:21,

41:24COMMERCE [1] - 1:18commitment [3] -

10:21, 13:17, 13:23committed [2] - 20:22,

24:18committee [8] - 12:8,

22:13, 29:18, 36:21,37:2, 39:2, 39:6,40:8

COMMITTEE [1] -3:16

Committee [1] - 30:6committees [2] - 6:19,

42:10communicate [1] -

23:7communicating [3] -

12:2, 22:22, 23:13communications [1] -

8:10compelled [1] - 10:10compensation [1] -

9:16complaint [2] - 29:25,

30:3complete [1] - 36:21completed [4] - 7:16,

9:22, 11:20, 36:22complex [1] - 23:4compliment [2] -

29:25, 30:5complimentary [1] -

21:7COMPUTER [1] - 4:10concerns [2] - 7:17,

8:22concluded [1] - 42:14concluding [1] - 24:25concrete [1] - 37:24CONDUCT [1] - 5:16conduct [1] - 36:4conducted [2] - 7:2,

39:10conference [3] -

20:12, 26:14, 36:22

CONFERENCE [1] -1:8

confident [1] - 23:25confidential [1] - 8:6confusion [1] - 23:10Connecticut [1] - 39:7connection [5] - 6:17,

27:11, 28:2, 31:17,35:1

CONNOLLY [1] - 3:2consider [1] - 29:3consideration [1] -

35:15consistent [3] - 11:1,

24:3, 24:9contact [5] - 18:24,

21:10, 23:8, 27:24contemplated [1] -

31:12contemplates [1] -

19:13Continued [3] - 2:1,

3:1, 4:1continuing [1] - 15:7contract [1] - 28:13controversy [1] -

39:12convenience [1] -

39:1COOPER [1] - 3:21coordination [1] -

29:15COORDINATION.......

..................... [1] -5:11

correct [4] - 10:12,13:14, 31:13, 43:7

correctly [3] - 15:17,16:18, 18:17

COTLAR [1] - 1:13counsel [7] - 6:11,

6:14, 6:15, 15:22,29:16, 36:12

country [2] - 7:11,30:6

County [1] - 26:18couple [4] - 7:20,

7:21, 11:7, 25:14course [6] - 9:2,

11:17, 13:20, 35:2,41:14, 41:25

COURT [49] - 1:1, 4:7,5:6, 6:4, 6:8, 6:11,6:17, 10:9, 10:13,10:24, 12:13, 13:25,14:13, 20:8, 20:16,21:15, 23:16, 25:9,25:12, 26:8, 26:10,26:21, 27:2, 27:7,27:17, 28:7, 28:24,

29:12, 29:15, 30:22,32:17, 34:2, 34:9,35:12, 35:20, 35:23,36:4, 36:10, 36:14,36:17, 38:5, 39:25,40:15, 40:19, 41:3,41:21, 41:23, 42:7,42:9

court [5] - 26:10,26:13, 26:15, 29:6,32:9

Court [37] - 6:13,10:18, 10:19, 10:20,12:12, 13:22, 14:21,14:22, 14:23, 15:4,15:15, 16:20, 18:5,20:4, 20:5, 20:6,24:18, 25:1, 25:3,25:7, 26:24, 27:12,28:5, 29:5, 30:18,31:4, 34:10, 35:16,39:7, 39:21, 42:1,42:2, 43:4, 43:5,43:14, 43:15

Court's [1] - 36:17courtroom [2] - 22:5,

24:23courts [1] - 15:4covered [1] - 10:22create [2] - 19:16,

23:10created [2] - 15:24,

18:13creates [1] - 40:25critical [1] - 23:6cross [1] - 37:4CROW [1] - 1:16CRR [2] - 4:7, 43:13curator [1] - 34:20cuts [1] - 37:10

D

D.C [1] - 32:11daily [1] - 34:17Dalkon [1] - 15:20data [4] - 18:15, 19:21,

19:24, 20:1date [1] - 40:2DAVIS [1] - 1:14Davis [2] - 32:14, 35:3DAWN [1] - 3:16Dawn [1] - 29:18days [6] - 6:20, 10:8,

12:11, 41:4, 41:5,41:9

DC [2] - 3:4, 3:7deadline [7] - 9:11,

9:12, 9:19, 10:23,

11:22, 41:17, 41:18deadlines [5] - 7:16,

9:10, 27:15, 30:2,40:7

deal [11] - 7:23, 8:5,8:12, 12:2, 12:19,12:25, 20:11, 26:5,32:22, 39:23, 41:8

dealing [2] - 33:16,40:6

deals [1] - 8:6debt [1] - 21:20DECEMBER [2] - 1:6,

6:2December [2] - 11:3,

34:11decide [1] - 39:21decided [1] - 35:11declaratory [1] - 39:6decrees [1] - 26:24dedicated [1] - 17:15DEFENDANT [1] -

2:23defendants [4] - 6:16,

29:20, 39:6, 39:15degree [1] - 21:13delete [1] - 13:22deliberate [1] - 23:11delighted [2] - 20:14,

38:3deliver [2] - 20:17,

29:4Denver [2] - 7:9, 9:4deposition [2] - 29:11,

37:10DEPOSITION [1] -

5:10depositions [3] -

28:18, 38:7, 41:7DEPUTY [3] - 6:7,

6:10, 42:13description [1] - 12:3deserve [1] - 29:1designing [2] - 15:19,

17:3despite [1] - 22:17details [1] - 9:6determination [1] -

42:5determine [2] - 28:9,

28:20develop [1] - 14:9developed [2] - 17:11,

34:15developing [1] - 19:11devices [2] - 38:21,

39:3devise [2] - 32:22,

33:10diet [3] - 16:3, 16:9,

24:23different [2] - 12:19,

40:6difficulties [1] - 14:16difficulty [3] - 13:1,

38:9, 38:11diligently [1] - 22:18direct [2] - 30:7, 37:4DIRECTED [2] - 5:8,

5:9directed [3] - 27:2,

27:7, 28:4DIRECTOR [1] - 4:3disagree [1] - 13:10disc [1] - 37:12disclosure [2] - 11:25,

12:4discover [3] - 28:8,

29:7, 41:6discoverable [1] -

38:14DISCOVERY [2] - 5:8,

5:9discovery [8] - 27:2,

27:5, 27:11, 27:12,28:4, 35:18, 36:4,41:10

Discovery [1] - 27:7DISCOVERY............

[1] - 5:16discuss [2] - 6:19,

40:23discussing [2] - 8:25,

36:7discussions [3] -

13:20, 27:9, 42:2Dismiss [1] - 26:25distinguished [1] -

14:19distinguishes [1] - 8:2District [5] - 39:7,

43:5, 43:15DISTRICT [3] - 1:1,

1:1, 1:9docket [1] - 32:9DOCKET [1] - 1:5document [1] - 27:6documents [2] -

17:10, 37:10dollar [1] - 16:12domain [2] - 38:14,

38:19done [9] - 15:10,

15:15, 15:18, 16:19,23:18, 30:9, 33:5,41:20, 42:2

double [1] - 33:25doubt [1] - 31:1Doug [3] - 7:2, 10:19,

14:1

3

DOUGLAS [1] - 3:3down [7] - 12:23,

14:18, 17:14, 18:14,22:25, 24:7, 28:1

downloaded [1] - 12:6DR [1] - 5:17Dr [1] - 36:10Drew [1] - 40:20DREW [1] - 2:3drive [1] - 19:22drop [1] - 18:14drop-down [1] - 18:14drug [4] - 16:3, 16:9,

24:23, 28:13Duces [1] - 29:4due [1] - 39:19Dugan [1] - 32:10duration [1] - 19:1during [4] - 10:11,

13:20, 17:20, 18:2DVD [1] - 33:22

E

e-mail [7] - 17:23,17:25, 18:23, 19:3,19:8, 34:13, 34:22

e-mailed [1] - 37:13early [3] - 11:7, 11:20,

37:24easier [1] - 19:16Eastern [1] - 43:5EASTERN [1] - 1:1echo [1] - 26:1ECHSNER [1] - 2:16economic [6] - 31:20,

31:23, 32:9, 32:23,33:3, 34:1

educational [1] -24:13

EDWARD [1] - 2:6efficient [1] - 14:9efficiently [2] - 15:18,

20:25effort [1] - 23:23either [2] - 20:11,

25:24ELDON [1] - 1:9electronically [1] -

20:1elements [2] - 33:7,

33:8eligibility [1] - 30:3eligible [2] - 30:14,

34:5ELLIOT [1] - 2:3emergency [2] - 40:11emphasis [1] - 12:16emphasize [1] - 23:16

employees [2] -17:17, 19:4

employers [2] - 24:11,28:12

employment [1] -28:14

enable [1] - 24:7encouraged [2] -

11:21, 14:3encouraging [2] -

9:23, 30:17end [3] - 22:23, 25:6,

41:18engaged [1] - 12:9engaging [1] - 9:25English [1] - 8:12enroll [1] - 9:20enrolled [2] - 19:15,

24:14enrollment [9] - 9:19,

10:22, 11:22, 13:24,14:7, 17:3, 18:11,19:10, 41:18

ensure [2] - 24:2,38:21

enter [3] - 13:22,19:17, 19:24

entered [3] - 19:18,19:19, 35:9

entering [1] - 19:25entertain [2] - 25:17,

32:4entire [1] - 8:5entities [2] - 25:17entitled [2] - 9:16,

43:8entry [2] - 18:16,

19:21especially [1] - 40:24ESQUIRE [21] - 1:13,

1:14, 1:17, 1:18,1:21, 1:24, 2:3, 2:6,2:10, 2:13, 2:17,2:20, 2:24, 3:3, 3:6,3:9, 3:12, 3:16, 3:20,3:23, 3:24

established [2] - 13:3,17:8

et [3] - 31:22, 37:7,37:19

ether [1] - 42:3ethics [7] - 8:9, 8:19,

12:1, 12:2, 34:14,40:7, 40:23

evaluate [1] - 27:6evaluated [2] - 10:3,

17:14event [2] - 31:9, 39:16everywhere [1] - 41:1evidence [1] - 37:11

examination [1] - 37:4Examinations [1] - 5:3example [3] - 8:7,

18:12, 19:17Excel [1] - 18:13exception [1] - 21:7exchanging [1] -

18:18Exhibit [1] - 41:13expect [3] - 22:11,

36:1, 39:1experienced [3] -

14:18, 21:23, 38:15expert [3] - 12:1, 12:3,

37:24experts [4] - 8:9, 8:19,

34:14, 37:18explained [1] - 9:14explaining [3] - 13:1,

30:9, 34:15exploring [1] - 37:2exposing [1] - 38:11Express [3] - 28:11,

28:14, 28:19expressed [1] - 20:22extended [2] - 19:13,

39:1extraordinarily [1] -

25:25extremely [1] - 21:10EYE [1] - 3:6

F

face [3] - 18:5, 27:22,34:6

facilitating [1] - 21:12facility [1] - 15:24fact [4] - 10:17, 10:18,

13:15, 22:16fairly [1] - 9:23FALLON [1] - 1:9Fallon [1] - 6:14familiar [3] - 22:24,

30:10, 40:3far [6] - 12:11, 12:16,

16:20, 16:23, 17:1,34:18

Farquar [1] - 36:10FARQUAR.................

.......................... [1] -5:17

fashion [2] - 23:11,25:1

favor [2] - 38:24, 39:2favorable [1] - 12:12FDA [2] - 27:10, 27:12February [6] - 9:20,

10:23, 11:23, 19:15,

26:17, 41:18felt [1] - 16:10fen [1] - 16:3fen-phen [1] - 16:3few [1] - 9:9Fifth [1] - 26:25figure [1] - 32:21File [1] - 28:24file [9] - 10:18, 10:19,

20:17, 30:16, 39:11,39:12, 39:15, 40:10,40:17

filed [12] - 10:24,26:24, 31:6, 31:7,37:21, 37:23, 37:25,38:3, 39:4, 40:4,40:20

fill [1] - 19:19filling [1] - 34:18final [1] - 24:7finalize [1] - 24:20finalized [1] - 24:5fine [2] - 12:13, 13:25finish [1] - 16:17finished [1] - 33:9finishing [1] - 16:10Firm [1] - 22:4FIRM [2] - 3:20, 4:3firm [7] - 18:23, 19:1,

19:2, 19:23, 22:5,24:19, 27:24

firms [7] - 16:21, 18:1,18:19, 19:4, 20:2,35:6, 41:19

first [6] - 9:11, 13:5,13:6, 13:7, 17:20,18:3

First [1] - 6:23FISHBEIN [1] - 1:21FL [1] - 2:18FLANAGAN [1] - 3:11FLOOR [1] - 2:10Florida [1] - 30:15flow [1] - 18:15focus [1] - 33:15focused [1] - 33:6focusing [1] - 17:1Folks [2] - 27:5, 42:11folks [1] - 15:11follow [1] - 9:7followed [1] - 17:12follows [1] - 17:2FOR [3] - 1:13, 2:23,

3:15foregoing [1] - 43:6form [6] - 10:17,

10:22, 11:9, 11:23,30:16, 41:14

forms [10] - 9:21, 10:5,

17:10, 18:8, 18:10,19:20, 19:21, 19:22,20:25, 34:18

forth [1] - 6:22fortunate [2] - 14:17,

21:23fortune [2] - 23:4,

24:22forward [1] - 41:8four [3] - 18:4, 28:21,

30:15four-year [1] - 30:15Frederick [1] - 26:17free [2] - 11:18, 17:15FRIDAY [1] - 6:2Friday [5] - 39:16,

39:19, 40:12, 40:17friendly [1] - 18:11full [2] - 31:25, 32:1fund [3] - 15:23, 16:4funds [2] - 15:21,

15:24funnel [1] - 23:10furnish [1] - 28:21future [2] - 20:9, 34:19

G

Garretson [5] - 8:17,11:14, 22:1, 22:4

GARRETSON [5] -3:20, 3:20, 4:3, 22:3,23:25

GAYLE [1] - 2:3General [1] - 32:11generally [1] - 28:12Generally [1] - 8:21generate [1] - 11:10generated [1] - 11:24gentlemen [1] - 6:9Girardi [1] - 35:3GIRARDI [2] - 2:13,

2:13Girardi's [1] - 37:15given [6] - 32:1, 33:20,

38:19, 38:23, 38:24,38:25

globally [2] - 23:17,23:18

Gomez [1] - 35:14government [1] -

22:14governmental [4] -

21:18, 21:24, 22:6,22:8

great [1] - 12:25GREER [2] - 3:23,

3:24Greer [6] - 8:16, 14:8,

4

14:11, 14:22, 14:25,15:1

ground [1] - 15:10group [4] - 14:9,

22:13, 22:20, 23:23guess [2] - 14:10,

39:21

H

hand [2] - 29:2, 34:24handed [1] - 14:5handle [5] - 10:1,

12:14, 16:14, 20:10,37:6

handled [3] - 15:23,16:7, 16:11

handling [4] - 8:18,16:5, 24:10, 41:20

happy [6] - 20:7,20:19, 25:7, 33:21,34:23, 36:15

hard [1] - 15:5head [1] - 22:17heals [1] - 17:3health [1] - 22:10hear [11] - 7:5, 11:13,

14:2, 14:13, 14:20,21:15, 21:25, 25:12,41:3, 41:6, 41:9

heard [7] - 13:21,16:20, 18:5, 30:3,32:6, 34:4, 40:14

HEARD [1] - 1:9hearing [9] - 7:17,

14:11, 34:6, 39:10,40:11, 41:5, 41:7,41:10

heart [1] - 9:17held [1] - 7:8help [4] - 17:11, 18:15,

25:10, 30:25helpful [4] - 17:10,

20:16, 30:8, 32:23helps [1] - 18:16hereby [1] - 43:6HERMAN [22] - 1:13,

1:13, 6:13, 6:25,14:21, 25:11, 25:14,26:23, 27:4, 27:9,27:21, 28:10, 29:10,34:10, 35:22, 36:6,36:11, 36:20, 39:4,40:1, 41:24

Herman [3] - 6:14,29:22, 35:3

herself [1] - 8:20hit [1] - 15:10hoc [2] - 11:1, 34:21

hold [1] - 35:10holdback [1] - 24:6holders [1] - 23:9holiday [1] - 33:21Honor [70] - 6:25, 7:5,

7:7, 7:13, 8:3, 8:18,9:1, 10:12, 10:15,13:14, 14:5, 14:11,14:24, 16:19, 20:14,20:20, 20:21, 22:1,22:3, 22:7, 23:12,23:25, 24:6, 24:10,24:17, 25:14, 25:22,26:2, 26:9, 26:12,26:23, 27:1, 27:4,27:9, 27:14, 27:21,28:10, 28:17, 29:10,29:14, 29:17, 29:18,30:2, 30:11, 31:3,31:15, 32:4, 32:16,33:19, 34:8, 34:20,35:7, 35:13, 35:19,35:22, 35:24, 36:6,36:11, 36:15, 36:20,39:4, 40:2, 40:3,40:14, 40:16, 40:20,41:12, 41:24

Honor's [4] - 34:11,38:4, 40:21, 42:5

HONORABLE [1] - 1:9honored [2] - 15:2,

25:3hopefully [2] - 29:7,

33:14hours [1] - 20:24house [1] - 15:22HOUSTON [1] - 2:8Houston [2] - 7:9, 9:4HUBBARD [1] - 3:8HUGHES [1] - 3:8hundred [1] - 40:24hundreds [1] - 23:20hurt [2] - 30:23, 31:1hypothetical [1] -

22:19

I

immediate [1] - 20:9immediately [2] -

17:2, 17:24impact [1] - 34:1implementation [1] -

21:12implementing [1] -

15:19important [3] - 11:7,

11:19, 23:5importantly [2] - 7:17,

25:4imposed [1] - 32:5improper [1] - 39:20IN [2] - 1:4, 6:4in-house [1] - 15:22Inc [1] - 28:12include [2] - 37:3,

38:8includes [1] - 38:6including [1] - 38:22increasingly [1] -

21:17incredibly [1] - 8:5Indian [1] - 22:10indicate [2] - 26:23,

39:23indicated [1] - 41:13indicating [1] - 34:23individual [7] - 21:9,

23:19, 23:22, 39:5,39:15, 39:17

individualized [1] -11:10

individuals [1] - 25:23informal [1] - 32:7information [11] - 9:7,

11:12, 11:15, 12:9,17:4, 18:18, 19:17,20:5, 28:25, 32:8,33:5

informational [1] -18:4

injunction [1] - 28:9injury [5] - 9:18,

16:15, 16:16, 33:7inn [1] - 15:11input [1] - 18:17inquiries [1] - 38:1insofar [1] - 27:12instructions [3] -

17:12, 18:14, 23:14insurance [2] - 25:18,

26:6intend [1] - 38:13interacting [1] - 21:3interest [2] - 30:21,

31:10interested [1] - 28:8interests [1] - 22:9interfere [1] - 26:6interlocutory [2] -

26:24, 35:16introduce [1] - 14:21investigate [1] - 27:24involved [3] - 14:15,

15:3, 15:4involves [1] - 28:10IS [1] - 5:19issue [12] - 19:24,

21:16, 21:17, 21:18,21:22, 27:15, 28:4,28:9, 28:10, 28:19,30:12, 39:12

issues [11] - 7:21,8:18, 25:21, 27:1,27:13, 32:10, 36:7,37:3, 40:7, 40:24,41:14

Issues [1] - 35:20ISSUES [1] - 5:14issuing [1] - 29:4item [5] - 26:21, 27:19,

29:12, 35:8, 36:5items [1] - 37:7itself [1] - 29:7

J

January [4] - 9:12,19:14, 36:23, 42:7

JANUARY [1] - 5:19JASON [1] - 4:3Jason [2] - 22:5, 23:5Jefferson [1] - 26:18Jersey [2] - 31:7,

32:12job [4] - 15:9, 15:17,

16:5, 30:9JOHN [1] - 3:6joined [1] - 40:4joint [1] - 35:24JR [1] - 1:17Judge [7] - 6:14,

21:13, 39:8, 39:16,39:21, 39:22

JUDGE [1] - 1:9judges [1] - 8:4judgment [3] - 35:9,

35:14, 39:6jump [1] - 26:2juncture [1] - 23:6jurisdiction [2] -

30:18, 31:4justice [1] - 15:6

K

Kaiser [1] - 40:3KATZ [1] - 1:13keep [2] - 15:7, 20:13KEESE [1] - 2:13key [2] - 14:13, 40:24kicked [1] - 21:1kind [2] - 15:19, 30:23KINGSDORF [1] -

3:16KLINE [1] - 2:9

knows [1] - 25:22

L

L.L.P [1] - 3:16LA [8] - 1:15, 2:4,

2:21, 2:25, 3:13,3:17, 7:10, 9:4

ladies [1] - 6:8laid [2] - 24:3, 25:1LAKE [1] - 2:4large [2] - 16:14,

24:19larger [1] - 28:16last [9] - 15:13, 15:15,

15:25, 16:7, 16:20,26:13, 35:9, 40:1,42:3

lastly [1] - 40:7late [2] - 17:21, 30:10LAW [2] - 3:20, 4:3law [7] - 16:21, 18:1,

18:19, 18:23, 18:25,19:2, 33:21

Law [1] - 22:4lawyer [11] - 7:24,

12:1, 12:7, 13:9,13:18, 13:24, 28:2,31:5, 31:6, 37:17,39:20

lawyers [20] - 7:11,7:21, 8:11, 8:21, 9:5,9:14, 9:25, 11:6,11:16, 11:18, 11:20,11:25, 13:21, 21:2,21:6, 21:10, 21:11,28:15, 30:18, 38:15

learn [1] - 33:18learned [1] - 33:14least [9] - 12:22, 13:2,

20:9, 20:17, 28:1,33:17, 38:14, 38:16

LEE [1] - 2:10left [4] - 32:21, 32:22,

33:3, 33:10legal [1] - 15:23legislation [1] - 21:18Leigh [1] - 30:8LEIGH [1] - 1:18Len [1] - 35:3LEONARD [1] - 1:14less [3] - 7:13, 17:20,

18:2letter [3] - 11:25, 12:1,

34:14letters [1] - 8:10LEVIN [4] - 1:21, 1:21,

2:16, 35:18Levin [2] - 35:2, 35:18

5

LIABILITY [1] - 1:4LIAISON [1] - 3:16liaison [5] - 6:14, 6:15,

29:15, 29:18, 36:12lien [8] - 8:18, 11:13,

11:14, 21:14, 21:15,22:2, 23:9, 24:7

liens [16] - 21:18,21:19, 21:25, 22:6,22:9, 22:12, 23:21,23:23, 24:5, 24:10,24:21, 25:1, 25:16,26:5

lift [3] - 28:7, 32:5,32:16

lifted [5] - 27:5, 27:13,27:23, 28:4, 28:18

lifting [2] - 28:6, 28:22limited [1] - 27:12line [3] - 12:7, 12:23,

30:12lines [2] - 35:19, 37:3list [6] - 20:17, 20:18,

30:20, 31:9, 38:1,38:2

listed [4] - 27:25, 28:2,28:3, 35:5

listing [1] - 27:21lists [1] - 18:14literally [1] - 7:1litigant [1] - 21:21litigant's [1] - 21:21litigants [1] - 23:18LITIGATION [1] - 1:4litigation [3] - 11:17,

32:18, 38:20LL&E [1] - 3:12LLC [1] - 2:3LOCUST [1] - 2:11look [3] - 22:20, 37:22,

41:4LOS [1] - 2:14LOUISIANA [4] - 1:1,

1:5, 2:7, 4:8Louisiana [2] - 32:10,

43:6Lynn [4] - 8:16, 8:19,

14:25, 15:22LYNN [1] - 3:24LYRIC [1] - 2:7

M

mail [8] - 17:23, 17:25,18:23, 19:3, 19:8,34:13, 34:22

mailed [1] - 37:13MAN [1] - 35:13manager [1] - 28:11

March [1] - 26:18Marvin [5] - 7:2, 14:1,

31:13, 42:1MARVIN [3] - 3:3,

14:1, 31:14master [3] - 22:6,

24:3, 36:8material [8] - 8:13,

29:5, 38:11, 38:18,38:20, 38:21, 38:23,38:24

materials [5] - 16:21,17:25, 24:14, 37:9,38:2

MATT [1] - 3:20Matt [5] - 8:17, 11:13,

22:1, 22:3, 25:11matter [10] - 6:18,

14:14, 36:13, 38:4,39:8, 39:23, 40:1,40:10, 41:9, 43:9

matters [3] - 20:13,27:14, 38:7

MAYER [1] - 3:9MCCARTHY [1] - 2:6MDL [7] - 1:5, 5:18,

6:10, 31:7, 31:21,36:19, 40:4

meaningful [2] - 24:8,25:5

meaningless [2] -38:16, 38:17

Meanwhile [1] - 41:8MECHANICAL [1] -

4:9mechanism [2] - 13:2,

33:16Medicaid [3] - 21:19,

22:8, 23:8medical [1] - 25:21Medicare [7] - 21:19,

21:20, 22:7, 22:19,23:8, 23:19

meet [9] - 8:15, 8:18,12:4, 12:7, 20:8,40:2, 42:6, 42:9

MEETING [1] - 5:19meeting [4] - 6:18,

7:10, 9:4, 42:7meetings [4] - 9:2,

9:25, 18:4, 21:2mega [1] - 21:18members [4] - 12:8,

28:14, 35:5, 39:17mention [1] - 23:6mentioned [5] - 9:3,

9:23, 21:13, 22:8,27:19

Merck [15] - 7:3,11:17, 14:1, 27:2,

27:5, 27:10, 31:21,31:22, 31:24, 33:20,39:5, 39:9, 39:14,39:17, 40:17

Merck's [2] - 35:7,37:5

MERCK'S [1] - 5:13MERCK......................

..... [1] - 5:8met [4] - 6:18, 7:23,

9:5, 13:4METAIRIE [1] - 2:21METHVIN [1] - 1:16MI [1] - 36:20Michael [1] - 36:25might [2] - 7:18, 24:16MILES [1] - 1:17minutes [3] - 9:10,

17:20, 18:2misinformation [1] -

27:22misreads [1] - 26:4MITCHELL [1] - 2:16modification [2] -

40:5, 41:25modifications [2] -

10:16, 40:9modified [2] - 10:18,

12:6modify [2] - 10:20,

41:13moment [3] - 17:19,

22:24, 29:19Monday [2] - 39:11,

39:14money [3] - 19:25,

24:2, 24:8Montana [1] - 32:11Montgomery [1] -

37:15MONTGOMERY [1] -

1:19month [5] - 15:13,

15:15, 32:20, 35:9,36:2

monthly [3] - 6:18,20:9, 20:12

MONTHLY [1] - 1:8months [1] - 32:20morning [13] - 6:8,

6:13, 6:19, 7:7, 9:1,10:20, 14:6, 14:24,15:14, 17:21, 18:3,20:6, 29:17

most [7] - 7:12, 7:17,7:19, 7:22, 24:25,25:4, 35:25

Motion [1] - 26:25motion [14] - 10:19,

27:16, 28:5, 28:7,

28:24, 32:4, 32:16,35:13, 35:15, 37:19,37:21, 39:15, 40:24,41:15

MOTIONS [1] - 5:16motions [3] - 35:7,

40:4, 40:20Motions [1] - 36:4MOTIONS..................

..................... [1] -5:13

move [3] - 16:17, 24:2,31:2

moved [2] - 35:9,41:15

moving [5] - 15:7,20:13, 24:8, 27:11,32:20

MR [55] - 6:13, 6:15,6:25, 7:7, 9:1, 10:12,10:15, 11:5, 13:14,14:1, 14:21, 14:24,20:14, 20:19, 20:21,22:1, 22:3, 23:25,25:11, 25:14, 26:2,26:9, 26:12, 26:23,27:4, 27:9, 27:14,27:21, 28:6, 28:10,28:22, 29:10, 29:13,30:17, 31:3, 31:14,34:10, 35:7, 35:13,35:18, 35:22, 35:24,36:6, 36:11, 36:15,36:20, 39:4, 40:1,40:14, 40:16, 40:20,41:12, 41:22, 41:24,42:8

MS [4] - 29:17, 31:15,33:19, 34:4

MYERS [1] - 3:5

N

N.W [1] - 3:3NABERS [1] - 2:6Name [1] - 19:18name [3] - 22:3, 28:2,

28:3named [2] - 39:15,

39:17naming [1] - 39:5national [1] - 12:15nature [1] - 14:14necessary [5] - 11:12,

11:15, 28:20, 28:24,34:20

necessity [1] - 39:17need [7] - 7:4, 13:21,

17:13, 27:5, 34:24,

36:17, 41:7needed [3] - 7:16,

18:8, 18:10negated [1] - 10:25negotiate [1] - 28:12negotiating [3] - 12:8,

29:19, 39:5negotiations [1] - 42:3net [1] - 25:6never [1] - 37:20NEW [8] - 1:5, 1:15,

1:25, 2:25, 3:10,3:13, 3:17, 4:8

New [10] - 7:10, 9:4,9:5, 31:7, 31:19,32:12, 37:14

new [2] - 36:6, 40:2NEXT [1] - 5:19next [18] - 9:19, 11:22,

17:21, 18:3, 18:21,19:9, 26:21, 26:25,28:10, 29:12, 32:20,33:13, 35:8, 36:5,39:16, 40:12, 40:17,42:7

night [1] - 16:21nine [1] - 35:8NINETEENTH [1] -

2:10NO [1] - 1:5nobody [1] - 26:3nongovernmental [1]

- 25:16nonpersonal [1] -

16:16notes [2] - 25:14,

37:17nothing [1] - 36:6noticed [1] - 25:23November [2] - 7:14,

15:16NUMBER [1] - 5:14number [18] - 10:5,

12:24, 14:3, 17:15,21:2, 22:17, 26:12,27:3, 27:8, 27:15,28:15, 31:21, 31:22,32:5, 34:17, 35:21,37:25, 38:6

numbered [1] - 43:9numbers [2] - 14:15,

23:18NY [2] - 1:25, 3:10

O

O'DELL [1] - 1:18O'Dell [1] - 30:8O'KEEFE [1] - 1:14

6

O'MELVENY [1] - 3:5objection [2] - 28:6,

28:22obligations [2] - 12:4,

24:16obtained [2] - 9:21,

11:17obviously [1] - 17:1October [2] - 35:25,

36:3OF [2] - 1:1, 1:8offer [1] - 34:25offered [2] - 37:10,

37:20OFFICE [1] - 1:19office [8] - 18:25,

21:5, 34:11, 34:16,35:3, 37:14, 37:15,37:16

official [3] - 12:5,17:10

OFFICIAL [1] - 4:7Official [2] - 43:4,

43:14officialvioxxsettleme

nt.com [1] - 27:20OH [1] - 3:21once [4] - 9:21, 13:2,

19:18, 32:18Once [1] - 19:18One [7] - 9:12, 11:9,

12:13, 14:13, 21:16,31:24, 40:6

one [15] - 8:1, 8:19,9:22, 10:15, 10:24,11:5, 16:2, 16:8,18:12, 28:2, 30:22,32:11, 32:24, 33:17

ONE [2] - 1:25, 3:9online [1] - 19:24OPEN [1] - 6:4operations [1] - 22:6opportunity [3] -

27:18, 38:5, 41:6opt [3] - 12:17, 16:8opt-outs [1] - 16:8oral [1] - 35:10order [15] - 6:21, 9:20,

13:15, 13:22, 14:5,27:15, 28:9, 28:13,28:20, 31:8, 32:5,34:11, 35:21, 39:22,41:25

ORDER [1] - 5:14orders [2] - 17:22,

32:6organizations [2] -

28:12, 28:25ORLEANS [6] - 1:5,

1:15, 2:25, 3:13,

3:17, 4:8Orleans [3] - 7:10, 9:5,

37:14Orran [3] - 8:15,

14:22, 14:24ORRAN [1] - 3:23ought [2] - 29:9, 32:21ourselves [1] - 20:1outline [1] - 8:11outlined [1] - 24:1outlines [1] - 8:12outs [1] - 16:8outset [1] - 21:24outside [1] - 15:22outstanding [1] -

26:13overnight [1] - 10:6overwhelming [2] -

12:10, 29:21overwhelmingly [2] -

7:20, 7:22owed [1] - 21:21own [5] - 17:15, 17:18,

23:9, 24:12, 25:21Oxycontin [1] - 24:25

P

PA [2] - 1:22, 2:11package [12] - 18:11,

36:19, 36:21, 36:24,37:1, 37:2, 37:23,38:6, 38:13, 38:15

PACKAGE..................................... [1] -5:18

packages [1] - 23:15Pagan [1] - 31:21page [2] - 5:3, 26:23pages [1] - 28:21paid [2] - 29:1, 29:8PAPANTONIO [1] -

2:16papers [1] - 40:5PARK [1] - 3:9part [7] - 7:12, 7:19,

7:22, 10:25, 23:23,29:5, 34:3

partially [1] - 38:16participants [2] - 17:4,

19:20participated [1] - 35:4participating [1] -

22:15particular [2] - 14:18,

33:8Particularly [1] -

31:20particularly [5] - 30:8,

30:13, 30:15, 31:18,41:1

parties [4] - 15:3,17:6, 25:3, 27:7

PARTIES...................[1] - 5:9

partner [1] - 8:16party [1] - 26:5password [1] - 19:23pay [1] - 29:6payment [1] - 29:9PBM [1] - 28:11pending [4] - 31:19,

32:9, 33:23Pensacola [1] - 37:16PENSACOLA [1] -

2:18pension [2] - 28:13,

28:14people [17] - 7:15,

7:17, 8:22, 14:18,17:11, 17:16, 18:6,18:16, 19:7, 19:15,19:22, 20:17, 30:7,30:12, 34:6, 38:12

PEPPER [1] - 4:7Pepper [2] - 43:3,

43:13perceived [2] - 37:5percent [3] - 13:3,

22:11, 40:25perhaps [3] - 12:25,

22:10, 41:5period [1] - 10:14periodically [1] -

20:16permanent [1] - 21:9permission [1] - 36:11person [3] - 17:19,

18:25, 19:1personal [3] - 16:14,

16:15, 33:7perspective [1] -

31:13pharmacy [2] - 28:16,

28:21phase [3] - 17:2, 17:3,

22:20phen [1] - 16:3Phil [1] - 6:15PHILADELPHIA [2] -

1:22, 2:11Philadelphia [3] - 7:9,

9:3, 16:4PHILLIP [1] - 2:24phone [2] - 17:18pick [1] - 32:24picks [1] - 26:3PIGMAN [1] - 2:23place [3] - 17:6, 24:2,

24:6placed [1] - 39:3plain [1] - 8:12plaintiff [1] - 23:7PLAINTIFF [1] - 1:13plaintiffs [3] - 29:20,

33:20, 35:8plaintiffs' [6] - 12:5,

14:9, 22:13, 36:12,37:6, 39:5

Plaintiffs' [1] - 30:5plan [1] - 32:22planning [2] - 18:21,

19:9plans [3] - 24:16,

28:13, 28:14PLAZA [1] - 3:9PLC [1] - 3:23pleadings [1] - 40:13pleased [2] - 7:23,

14:1pleasure [3] - 14:25,

40:22, 41:1plenty [1] - 15:11PMC [1] - 35:6PNC [3] - 39:10,

39:17, 40:12point [7] - 15:9, 23:9,

23:16, 26:4, 28:1,34:21, 34:24

pointed [1] - 31:3policies [3] - 24:11,

24:12, 25:19portion [2] - 8:13, 8:25PORTIS [1] - 1:17poses [1] - 14:16position [4] - 25:15,

25:16, 30:17, 31:11positive [3] - 7:20,

7:22, 8:1positively [2] - 13:11,

13:12possible [2] - 16:18,

17:7POST [1] - 1:19post [2] - 10:8, 11:1post-hoc [1] - 11:1postponed [1] - 29:13PowerPoint [2] - 7:12,

7:13POYDRAS [3] - 3:13,

3:17, 4:7practical [1] - 15:23pre [2] - 19:19, 27:15pre-fill [1] - 19:19pre-trial [1] - 27:15preemption [4] -

27:11, 27:13, 33:8,35:13

prejudice [1] - 30:24

prepare [1] - 38:16prepared [10] - 7:12,

8:9, 8:10, 11:25,12:3, 20:4, 25:20,38:4, 40:21, 40:23

prescription [1] -28:11

PRESENT [1] - 3:20present [4] - 28:5,

32:15, 36:7presentations [1] -

35:6presented [2] - 33:21,

42:1presenting [1] - 9:7pressure [1] - 41:17pretrial [2] - 32:5,

35:20PRETRIAL [1] - 5:14pretty [1] - 7:23price [1] - 32:2primarily [1] - 40:6Primarily [1] - 36:25private [3] - 24:10,

25:17, 26:4privilege [2] - 38:9,

38:10PRO [1] - 5:12pro [6] - 25:23, 25:24,

34:10, 34:12, 34:18,34:23

problem [2] - 19:8,36:14

problematic [1] -38:22

problems [5] - 12:13,12:24, 14:14, 20:10,40:25

procedures [4] -22:23, 23:3, 24:1,24:6

proceedings [2] -42:14, 43:8

PROCEEDINGS [3] -1:8, 4:9, 6:1

proceeds [1] - 25:6process [22] - 9:19,

9:22, 9:23, 10:1,10:11, 11:14, 11:20,13:6, 14:6, 14:7,14:9, 14:10, 15:12,16:6, 16:17, 17:13,18:1, 19:3, 20:23,22:25, 23:13, 24:18

processes [4] - 17:3,19:11, 22:23, 23:3

processing [1] - 14:10PROCTOR [1] - 2:16produce [1] - 25:20PRODUCED [1] - 4:10

7

PRODUCTS [1] - 1:4Professional [1] -

43:4professor [2] - 40:22,

40:23profits [2] - 23:19,

23:20program [25] - 9:6,

9:8, 9:16, 10:2, 10:3,10:7, 14:2, 15:3,15:5, 15:7, 16:7,16:10, 16:16, 17:13,17:15, 18:15, 18:22,19:1, 21:1, 21:13,21:16, 22:21, 23:19,24:2

programs [3] - 15:20,18:20, 19:5

project [1] - 24:19projects [1] - 23:4prominent [1] - 21:17prompt [1] - 21:11promptly [1] - 15:17proper [3] - 28:5,

38:11, 39:3properly [1] - 32:20proposals [1] - 37:25proposed [1] - 6:19proposing [1] - 13:22protected [1] - 38:2protecting [1] - 37:8provide [2] - 25:17,

37:17provided [1] - 37:11provides [2] - 11:12,

11:15providing [1] - 24:13provision [1] - 13:23PSC [4] - 6:14, 12:8,

32:14, 37:1public [5] - 18:5, 37:9,

38:7, 38:14, 38:19purchase [1] - 32:2purchased [1] - 24:13purpose [4] - 11:2,

13:15, 23:17, 28:8pursuant [1] - 34:11put [5] - 8:4, 10:25,

15:5, 17:6, 20:12puts [1] - 8:12

Q

questionnaire [1] -24:15

questions [11] - 8:21,8:22, 9:10, 9:13,18:1, 18:6, 20:6,21:3, 21:8, 21:12,

25:7quick [1] - 41:24quickly [4] - 16:17,

17:6, 20:22, 41:20quite [2] - 7:4, 15:2

R

RAFFERTY [1] - 2:17Rafferty's [1] - 37:16RANIER [6] - 2:3, 2:3,

40:14, 40:20, 41:12,41:22

Ranier [1] - 40:20re [1] - 6:10RE [1] - 1:4reached [1] - 34:21read [1] - 8:7realistic [1] - 28:21really [5] - 7:15, 7:23,

8:2, 8:11, 30:9Realtime [1] - 43:3reason [1] - 19:13reasonable [3] - 29:2,

29:3, 29:9reasons [2] - 11:8,

11:19receive [3] - 23:15,

26:25, 27:17received [10] - 6:20,

9:11, 10:5, 11:23,14:2, 16:21, 21:2,21:6, 31:17, 34:22

receiving [2] - 17:24,25:23

recent [2] - 21:17,36:1

recently [3] - 7:10,23:2, 24:25

recognize [2] - 29:8,38:25

recognized [1] - 29:1recommend [4] - 7:24,

10:11, 10:21, 13:18recommendation [1] -

40:25reconsideration [1] -

35:9record [6] - 6:12, 26:7,

29:6, 37:22, 38:7,43:8

RECORDED [1] - 4:9records [5] - 11:16,

25:21, 28:16, 28:19,28:21

redo [1] - 19:20reduced [1] - 28:13REED [1] - 3:8refund [2] - 31:25,

32:1regard [1] - 36:9regarding [3] - 7:1,

22:23, 27:10Regardless [1] - 9:17regards [1] - 25:15register [7] - 11:3,

13:1, 15:12, 23:14,27:6, 30:19

registered [10] - 9:13,9:15, 9:18, 10:7,12:23, 14:4, 19:15,20:18, 22:11, 34:19

Registered [1] - 43:3registering [4] - 9:8,

13:9, 23:8, 31:2registers [1] - 12:21registration [30] -

9:12, 9:21, 10:5,10:9, 10:11, 10:16,10:17, 10:21, 11:2,11:7, 11:9, 11:20,11:23, 12:20, 13:16,13:23, 14:6, 16:21,16:24, 17:2, 17:22,17:24, 18:9, 18:22,23:24, 30:16, 31:8,36:8, 41:14

registry [1] - 29:5regularly [1] - 22:21relating [2] - 35:20,

40:24RELATING [1] - 5:14release [2] - 23:15,

36:25released [1] - 37:8releases [3] - 11:10,

11:24relevant [1] - 8:13relief [1] - 40:5reluctance [1] - 33:4remand [5] - 32:6,

32:8, 32:9, 33:22,33:25

remands [2] - 31:20,33:23

remarks [1] - 42:4removed [2] - 11:1,

33:24rendered [1] - 38:16renegotiate [1] - 40:8renew [1] - 37:22reply [1] - 39:18report [7] - 6:23,

12:12, 14:12, 14:22,26:11, 35:17, 35:24

REPORTER [1] - 4:7Reporter [5] - 43:3,

43:4, 43:5, 43:14REPORTER'S [1] -

43:1reports [1] - 7:4repository [1] - 17:10represent [1] - 39:20representatives [3] -

27:10, 39:9represented [1] - 7:3represents [2] - 23:7,

25:18request [4] - 27:12,

40:11, 40:12, 40:17requested [2] - 36:25,

38:23requesting [2] - 27:4,

40:5requests [2] - 36:24,

38:19required [1] - 17:22requirement [2] -

13:4, 21:20requiring [1] - 29:4resolution [5] - 11:14,

15:20, 16:16, 21:14,29:21

resolve [1] - 33:13resolving [1] - 33:11respect [3] - 14:4,

14:5, 29:11respond [2] - 27:18,

40:13responded [1] - 37:1responding [1] -

11:21response [7] - 7:19,

11:7, 12:10, 12:11,37:19, 40:18, 41:9

responses [3] - 21:11,34:17, 38:1

responsive [2] - 21:8,25:25

rest [1] - 38:12result [2] - 9:25, 39:10resulting [1] - 13:8results [1] - 10:14retained [1] - 24:12retention [1] - 37:24return [2] - 17:19, 32:2review [2] - 19:10,

35:16reviewed [1] - 7:13Rezulin [1] - 24:24RICHARD [1] - 3:12Richmond [2] - 15:2,

15:21RICHMOND [1] - 3:25rights [1] - 26:6Rip [1] - 12:25ripe [1] - 40:10rise [2] - 6:7, 42:13

ROAD [1] - 3:21road [3] - 14:18,

17:14, 22:25Robert [1] - 31:22Robins [1] - 15:21rogue [1] - 27:21room [1] - 15:11ROOM [1] - 4:7RPR [2] - 4:7, 43:13rule [1] - 40:25rules [1] - 17:18run [1] - 19:11running [3] - 15:10,

20:18, 24:19runs [1] - 22:5RUSS [1] - 1:13Russ [2] - 6:14, 9:23RYAN [1] - 2:4

S

saves [1] - 19:25schedule [3] - 38:4,

41:10, 41:11scheduling [1] - 29:11SCHEDULING...........

...................... [1] -5:10

scope [1] - 14:14Scrips [3] - 28:11,

28:14, 28:19se [5] - 25:23, 25:24,

34:10, 34:12, 34:23SE [1] - 5:12se's [1] - 34:18seal [3] - 37:23, 37:25,

38:3search [1] - 32:13season [1] - 33:22seated [1] - 6:8second [1] - 33:23Secondly [1] - 40:7secure [2] - 19:23,

38:21security [6] - 37:2,

37:24, 38:2, 38:12,38:21, 39:3

SEDRAN [1] - 1:21see [7] - 27:16, 31:1,

32:25, 33:10, 33:17,38:5

Seeger [6] - 7:3, 7:7,21:5, 29:22, 35:2,37:14

SEEGER [4] - 1:24,1:24, 7:7, 26:2

seminars [7] - 7:1,7:8, 30:6, 30:7, 35:2,35:4, 35:5

8

send [2] - 8:11, 33:4sense [1] - 12:18sent [4] - 16:24, 18:23,

34:11, 39:3separate [1] - 14:6series [1] - 42:2serve [3] - 25:3, 38:1,

38:2served [1] - 15:22servers [1] - 19:25service [4] - 22:1,

28:25, 29:1, 29:8Services [1] - 22:19serving [1] - 24:22sessions [4] - 7:15,

8:14, 8:21, 18:7set [13] - 6:22, 17:15,

17:23, 26:16, 26:17,33:22, 37:21, 38:4,41:4, 41:5, 41:10

setting [3] - 16:5,16:20, 40:2

settings [8] - 15:18,16:2, 16:15, 26:10,26:13, 26:15, 26:19

SETTINGS............................ [1] - 5:6

settlement [52] - 6:23,6:24, 7:1, 7:11, 7:15,8:2, 9:6, 9:16, 10:1,10:2, 10:3, 10:8,10:10, 10:11, 12:3,12:10, 12:21, 12:22,13:10, 13:11, 13:19,14:16, 15:5, 15:16,16:3, 16:8, 16:9,16:12, 17:8, 17:16,18:13, 19:12, 22:6,22:21, 24:3, 25:4,25:12, 26:8, 27:6,29:24, 30:2, 30:4,30:9, 31:12, 31:17,32:19, 34:3, 34:5,34:15, 36:8

SETTLEMENT [1] -5:5

settlements [3] -24:24, 24:25

seven [2] - 16:7, 32:8several [3] - 6:20,

35:4, 37:13shakes [1] - 33:1shield [1] - 15:20shoot [1] - 23:6shop [1] - 24:20show [1] - 15:11shown [1] - 32:16shut [1] - 12:17sides [1] - 37:11significant [1] - 21:22

Silver [1] - 40:22similar [2] - 32:25,

33:16simply [2] - 10:13,

13:7single [1] - 31:6site [2] - 27:25, 28:2situation [2] - 12:25,

29:7situations [1] - 30:22six [4] - 7:1, 29:12,

32:8, 35:1smaller [1] - 16:15smoke [1] - 32:18smooth [1] - 14:10smoothly [3] - 16:10,

18:20, 19:12solicitation [1] - 27:23someone [3] - 19:17,

21:23, 38:19somewhat [2] - 33:2,

33:16soon [2] - 18:22,

39:24sooner [1] - 41:19sophisticated [1] -

20:2sorry [1] - 26:2sort [6] - 11:2, 12:14,

27:23, 32:25, 33:8,38:8

soup [1] - 30:23SOUTH [2] - 2:17,

3:24speaking [1] - 41:18speaks [1] - 30:4special [1] - 40:8SPECIFIC [1] - 5:16specific [1] - 36:4spectacular [1] - 30:9SPECTER [1] - 2:9spend [1] - 8:24spoken [2] - 32:3,

32:10spreadsheet [3] -

18:10, 18:12, 18:23spreadsheets [1] -

16:22ST [1] - 3:3staffed [1] - 17:16stage [3] - 10:22,

32:18, 33:4stand [1] - 27:14standpoint [1] - 23:23STANLEY [2] - 3:11,

3:12start [2] - 16:17, 22:17started [2] - 9:3, 15:12starting [1] - 7:8

STATE [2] - 3:15, 5:6state [6] - 26:10,

26:13, 26:15, 29:18,31:18, 32:9

state/federal [1] -29:15

STATE/FEDERAL [1] -5:11

States [3] - 39:7, 43:5,43:15

states [2] - 22:22,30:15

STATES [2] - 1:1, 1:9statewide [2] - 12:15,

31:23statistics [5] - 33:23,

35:23, 35:25, 36:1,36:3

STATISTICS................................. [1] - 5:15

STATUS [1] - 1:8status [1] - 20:12statute [1] - 30:16statutory [5] - 11:14,

22:9, 23:9, 24:21,25:16

stay [12] - 27:5, 27:12,27:15, 27:23, 28:3,28:6, 28:7, 28:10,28:18, 28:23, 32:5,32:16

staying [1] - 27:15Steering [1] - 30:5steering [1] - 22:13STENOGRAPHY [1] -

4:9step [4] - 13:5, 13:6,

13:7, 33:13steps [4] - 17:12,

17:13, 18:22, 19:9Steve [1] - 35:3still [4] - 34:2, 36:7,

41:16, 41:17STONE [1] - 2:23strategies [2] - 37:3,

37:18strategy [1] - 37:7Stratton [5] - 36:25,

37:12, 39:4, 39:11Stratton's [2] - 38:1,

39:18STREET [12] - 1:18,

1:22, 1:25, 2:4, 2:11,2:17, 2:24, 3:6, 3:13,3:17, 3:24, 4:7

strings [1] - 13:6stroke [2] - 9:17,

36:21study [2] - 22:13,

22:20

style [1] - 12:7subject [3] - 30:18,

31:4, 31:8submission [1] -

35:11submitting [1] - 13:15Subpoena [1] - 29:4subpoena [1] - 28:19subrogation [1] -

25:19successful [1] - 15:8suggested [1] - 37:4SUIT [1] - 5:15suit [2] - 35:23, 35:25SUITE [7] - 1:22, 2:7,

2:17, 2:20, 3:13,3:17, 3:25

Sulzer [1] - 16:12summarize [1] - 15:15summarizes [1] - 8:12summary [1] - 35:14supplemental [3] -

24:12, 39:11, 39:18support [1] - 29:21supposed [2] - 17:5,

19:7survey [2] - 32:7swiftly [1] - 39:23synchronize [1] - 23:2system [4] - 17:17,

18:20, 19:19, 33:11systems [1] - 19:16

T

teams [1] - 29:19Tecum [1] - 29:4terms [6] - 10:2, 12:2,

25:5, 25:22, 27:5,31:12

testing [1] - 22:19Texas [5] - 8:20,

26:16, 31:8, 40:23,41:1

THE [56] - 1:9, 1:13,2:10, 2:23, 3:15,3:20, 4:3, 5:19, 6:7,6:8, 6:10, 6:11, 6:17,10:9, 10:13, 10:24,12:13, 13:25, 14:13,20:8, 20:16, 21:15,23:16, 25:9, 25:12,26:8, 26:10, 26:21,27:2, 27:7, 27:17,28:7, 28:24, 29:12,29:15, 30:22, 32:17,34:2, 34:9, 35:12,35:20, 35:23, 36:4,36:10, 36:14, 36:17,

38:5, 39:25, 40:15,40:19, 41:3, 41:21,41:23, 42:7, 42:9,42:13

themselves [2] - 8:8,14:19

THEODORE [1] - 3:9they've [1] - 32:3thinking [1] - 32:17THIRD [1] - 5:9third [3] - 26:5, 27:7,

33:25third-party [1] - 26:5THOMAS [2] - 2:13,

2:16thorough [1] - 32:13thousand [2] - 24:20,

34:13thousands [1] - 23:20three [6] - 28:21,

33:22, 35:5, 40:6,41:5

three-box [1] - 33:22Throughout [1] - 9:2throughout [5] - 7:11,

16:1, 19:3, 19:12,19:19

tighten [1] - 24:7timeline [1] - 24:9timelines [2] - 23:3,

24:3timely [1] - 6:20timetable [3] - 19:12,

19:14, 24:1TO [4] - 5:8, 5:9, 5:14,

5:16today [8] - 6:17, 8:15,

8:18, 14:25, 22:5,25:2, 40:21, 41:3

toll [1] - 17:15toll-free [1] - 17:15Tom [1] - 35:3took [3] - 7:14, 18:12,

38:15tools [1] - 24:15total [2] - 33:23, 38:21touch [2] - 28:1, 32:14TOWER [1] - 3:12TRANSCRIPT [2] -

1:8, 4:9transcript [2] - 26:3,

43:7transcripts [1] - 37:10transfer [1] - 39:15transparent [1] - 8:6tremendous [2] -

12:11, 21:13TRIAL [2] - 5:6, 5:18trial [16] - 26:10,

26:13, 26:15, 26:19,

9

27:15, 36:19, 36:20,36:24, 37:1, 37:2,37:9, 37:23, 38:5,38:6, 38:13, 38:14

Tricare [1] - 22:9tried [1] - 40:3TROY [1] - 2:17true [4] - 21:4, 21:5,

31:5, 43:6trust [6] - 15:21,

15:23, 15:24, 15:25,16:3, 16:4

try [6] - 12:23, 16:6,32:24, 32:25, 33:17

trying [2] - 23:10,23:17

TWELFTH [1] - 3:3twice [1] - 33:24two [10] - 8:9, 15:24,

16:24, 26:14, 26:19,32:3, 32:6, 32:20,34:18, 36:24

TX [1] - 2:8type [5] - 9:18, 16:14,

19:2, 19:3, 38:11types [2] - 21:22,

32:13

U

UDDO [2] - 2:19, 2:20under [14] - 9:16, 10:3,

16:23, 22:6, 24:16,26:6, 29:2, 35:11,35:15, 35:16, 36:8,37:23, 37:25, 38:3

Underhill [5] - 39:8,39:9, 39:16, 39:21,39:22

undertaken [1] - 36:9underway [4] - 9:24,

10:7, 15:6, 36:22UNITED [2] - 1:1, 1:9United [3] - 39:7, 43:5,

43:15units [1] - 28:14University [2] - 8:19,

40:22unless [1] - 19:13unrepresented [1] -

16:24unused [1] - 32:1up [10] - 13:7, 14:5,

15:11, 17:15, 17:23,17:24, 26:3, 30:24,33:15, 38:20

upcoming [2] - 9:10,35:4

updated [1] - 33:22

urging [1] - 11:6useful [1] - 32:24user [1] - 18:11user-friendly [1] -

18:11Utah [1] - 32:12utilize [3] - 33:6,

38:12, 38:13

V

VA [2] - 3:25, 22:9vacated [1] - 26:14value [1] - 27:22van [1] - 12:25various [4] - 6:18,

21:24, 24:24, 30:6verify [1] - 24:20version [1] - 18:14versus [2] - 31:21,

31:22view [1] - 40:7VIOXX [2] - 1:4, 5:15Vioxx [14] - 6:10, 9:14,

10:14, 13:9, 17:8,30:1, 30:10, 30:20,31:5, 31:6, 31:9,32:1, 33:22, 35:23

vioxxsettlement.com [1] - 12:6

Virginia [1] - 15:2virtually [1] - 37:16voluntarily [1] - 27:25voluntary [1] - 31:25vulnerabilities [3] -

37:4, 37:5, 37:6

W

wait [2] - 27:16, 27:17Waitt [2] - 31:22,

31:24waived [1] - 38:10walked [1] - 9:5walking [1] - 7:15WALNUT [1] - 1:22WALTHER [1] - 2:23wants [2] - 34:5, 37:22WASHINGTON [2] -

3:4, 3:7Washington [1] -

31:18waves [1] - 24:24ways [1] - 33:16web [1] - 20:12website [7] - 8:5, 8:7,

12:5, 17:8, 17:9,17:16, 19:23

10

week [1] - 26:25WEISS [1] - 1:24west [1] - 37:15WHEREUPON [1] -

42:14whole [1] - 23:17WILLIAM [1] - 1:25WILLIAMS [1] - 3:2WILSHIRE [1] - 2:14Winkle [1] - 12:25wishes [1] - 39:12withdrawal [1] - 31:25withhold [1] - 42:4WITT [1] - 35:13WITTMANN [14] -

2:23, 2:24, 6:15,26:9, 26:12, 27:14,28:6, 28:22, 29:13,35:7, 35:24, 36:15,40:16, 42:8

Wittmann [3] - 6:15,27:10, 36:12

WOLF [1] - 4:3Wolf [1] - 22:5wonderful [1] - 29:20works [4] - 18:1, 19:6,

22:14, 33:1written [1] - 24:13Wyeth [2] - 16:2, 16:9

Y

year [3] - 22:23, 24:20,30:15

years [1] - 16:7Yesterday [2] - 10:4,

34:22yesterday [4] - 23:2,

39:8, 40:2, 40:5YORK [2] - 1:25, 3:10York [5] - 7:10, 9:4,

31:19, 32:12, 37:14you-all [1] - 41:6

Z

Zajicek [1] - 26:16zero [1] - 11:3Zyprexa [1] - 25:1